Schwartz Law Firm


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If you want more custody, be prepared for your court date

You have always been respectful of your spouse’s wishes, but you’re tired of how they treat you. They’re now saying that they want to take primary custody and to minimize your contact with your children. They’re acting like it’s a gift to you to do so, because you’ll have more time to work and less stress from raising your children. That’s frustrating and not at all what you want.

It’s this kind of behavior that has made you decide to seek more custody, and you hope that you’ll be able to have primary custody overall. You want your children to see the other parent, but you would never dream of restricting them in the way that they seem to want to do.

So, what should you do? Is there a good way to win more custody time?

Assuming that you and your spouse cannot come up with a custody schedule that you agree on, your case may need to go to court. When you speak with your attorney, they will go over what you need to do to make a good impression on the judge, but they will also help you build a solid case supporting the request for more custody time.

Some of the documentation you may want to bring with you includes:

  • Print-outs of text chains, emails or other digital interactions where you’re showing a willingness to work with your ex on coming up with a good custody schedule
  • Copies of any interactions where the other party threatens to withhold custody or restrict custody, if that has happened
  • References/witness statements about your parenting from doctors, teachers or others who see you with your children regularly

You should be prepared to talk to the judge about your case and to answer questions about your children. If you do plan to make claims about the other parent’s behaviors and your concerns, make sure you have evidence that backs them up.

Finally, while in court, remember to come on time, be respectful to the judge and your ex, and to come dressed for success. Your attorney will help prepare you, so you have the best chance of succeeding.