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Law Office of Jay R. Mueller Albuquerque, NM (505) 907- 4724
Focusing on Custody, Child Support, Divorce, and DWI Defense
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12 "Secrets" to Getting the Custody Arrangement You Want
Posted on May 11, 2015 at 9:23 AM |
Twelve
“Secrets” to Getting the Custody Arrangement You Want As a child
custody attorney in New Mexico, I’ve heard it all. “Dad is always at least 20
minutes late picking up the kids.” Or “My ex won’t let me have any say in what
happens to our girls.” Or, “I want 50-50 custody because it’s not fair that she
should have the kids all the time.” If a lawyer
tells you that they can solve these problems instantly, run. The truth is, if
you want 50-50 custody, or if you have a difficult ex who refuses to cooperate,
there are powerful steps you can take to break past the impasse. Here are twekve “secrets”
the most lawyers won’t tell you: 1. The Parent-Child
Relationship is Paramount! The biggest mistake parents make in child custody
cases is that they focus their energy on changing the other parent. You cannot
teach a pig to sing. It frustrates you and annoys the pig. Take the focus off
the other parent and you. Focus clearly on creating a quality loving
relationship with your child. 2. All
Arguments to the Court Must Be Focused on What’s in Your Child’s Best Interest.
Make sure you express all your arguments for custody as child-focused
“concerns” rather than attacks on the other parent. Frame everything not in the
negative or what’s wrong with other parent but focus the judge’s attention on
why it’s best for your children to spend more time with you or why it’s in
their best interests that you be awarded primary custody. This of course will
not necessarily apply in cases involving serious abuse and/or neglect. 3. Document everything! Keep a calendar and
extensive notes of not only the case but the daily happenings with your child. 4. Child
Custody is a Marathon, not a Sprint. Expecting the Court to fix your ex or side
with you on every issue is unrealistic. Likewise expecting a quick Court date
or speedy return to Court is likewise unrealistic and sets yourself up for
disappointment. 5. Use the
Time You Have! Many parents despair because they got a bad result in family
court. Their typical knee jerk reaction is to order their lawyer to file yet
another Request for Hearing, hoping that this time the judge will rule in their
favor. A better strategy is to use the time you have to improve the
parent-child relationship. You can do this even with supervised visitation.
Remember, your children love you and want your attention and approval. 6. Learn to Compromise. The reason why you or the
other parent is asking the Court to impose itself into your personal family
life is because one or both of you cannot learn to compromise. Most of the time
it’s best to come to some compromises with the other parent especially
out-of-court agreements. This can not only save you thousands of dollars but
your sanity as well. Even more importantly when you focus on what’s in your
child’s best interests often times you can see past your own ego needs. 7. Be Prepared to Spend Money. Filing fees are
relatively high; so are the costs of a process server and copies. All this and
you will likely discover that an attorney is indispensable. Retainers are
typically in the thousands of dollars and are basically deposits you pay a
lawyer to represent you. Often times you will be ordered to split the costs
with your ex for the guardian ad litem or custody evaluator. Bear in mind that
every time a judge orders your lawyer to draft a minute order or review with
opposing counsel a proposed stipulated order, the meter is running. Every time
you ask your attorney to request a hearing and file another motion, fees have
to be charged. 8. Learn the Law. Custody law comes from a
variety of sources. Realize that Courts look to state statutes, previous
rulings, federal statutes, case law, and of course their own experience and
biases. It’s not your job to know and understand all of the law. Nobody really
can. However, knowing the basics of the law is very important. Understanding
what Courts look at and what is actually
the “rules of game” will make presenting your case easier. 9. Take Photographs, Use Graphics, Tell a Story.
A judge’s life is a boring one. Make the judge’s life more exciting by using
photographs to tell your story. A picture is worth a thousand words. 10. Be Good. Behave. The Eyes of the World are
Upon You. It sounds like plain old common sense, but when you’re stressed
things happen. Be mindful of what you say in front of your children. Word gets
back to judges, custody evaluators, and even law enforcement and it will be
exaggerated. Always be careful at home and in public. This is no time to get a
D.W.I. or Assault charge. Be careful in terms of how your new boyfriend or
girlfriend acts if you have one. You are “unofficially” vicariously liable for
how your new girlfriend/boyfriend acts especially in the presence of the kids. 11. Maintain a cordial professional demeanor when
in Court. Do not stare at the other parent (mad dog). Never ever act
disrespectful to the judge, the Court officers like the bailiff, the court
reporter, or even the other attorney. 12. Retain an
experienced child custody attorney. These types of cases are emotionally
charged and tricky. In most cases you will benefit a hundred-fold from an
attorney experienced in Family Law. Just as important find an attorney who has
argued cases in the same Court as your case. |
Categories: child custody
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John
1:11 PM on January 28, 2016
Youngster Custody is a Marathon, not a Sprint. Anticipating that the Court should fix your ex or side with you on each issue is doubtful. Moreover expecting a brisk Court date or rapid come back to Court is in like manner impossible and sets yourself up for frustration. Thanks!

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Todd Peterson
11:51 PM on February 21, 2016
Mueller, those are brilliant secrets I mean at all. I just pleased to read and know about those secret which I was seeking forward to know for a long time. Thank you so much.

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It sounds like plain old common sense, but when you’re stressed things happen.

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Ben Allen
5:05 PM on February 6, 2017
Thanks for the information on what to keep in mind while hiring a child custody lawyer. I agree that it is important to look into the child custody lawyer's experience because experience can make a huge difference when it comes to the case. I would imagine that hiring a child custody lawyer can be a tough experience and it definitely helps to get help. I will be sure to keep this information in mind.

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scott
8:57 PM on September 10, 2017
I like that you suggested taking pictures to make your story more believable. I have been looking for someone to help with my custody case, because I don't know what works. I'll have to give my lawyer photos of things happening, to make my odds better.

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Many people want to get custody of their children. They can get some secrets which are helpful for them and they can get custody easily. They need to show full interest regarding their child. They should be responsible for their children.

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