8 Steps to Building a Stronger Case for Custody or Visitation as a Father

If you are a dad embroiled in a father’s rights case or a man who wants to seek a modification to existing child custody arrangements, you may feel like you’re in an uphill battle. While the law and courts in Indiana support children having healthy relationships with both parents, there are also times when it can feel like everything, including the law, is working against you as a father.

Taking steps to create a strong legal strategy for your case can help mitigate some of those challenges and enhance your chances of succeeding in your custody battle.

1. Ensure You Understand the Custody Laws of Indiana

Begin by ensuring you have a decent understanding of the custody laws in Indiana. If you’re not aware of major laws and requirements, you can run into an issue regarding custody that is frustrating and sets you back from your goals. For example, if you were not married to the child’s mother, paternity is not assumed. You have to establish paternity before you can successfully claim parental rights, including visitation and custody.

2. Gather Records and Evidence of Your Involvement With Your Child

When possible, take time to demonstrate that you have a good relationship with and are involved with your child. Some types of evidence that might be of use include photographs and videos showing you with your child or children or proof that you attended school meetings or events related to your child. If you and your child are part of the same social, religious, or neighborhood communities, that might also be relevant.

If you aren’t currently involved with your child, you might consider working to illustrate that this is not of your own volition. Consider how you can show that you have made attempts to have a relationship with or be involved with your child that the other parent has thwarted.

3. Ensure Your Home Is Safe and Appropriate for Children

Even when children have been temporarily removed from a home, the state puts an emphasis on keeping them connected with parents via visitation plans. During these times—and during any custody battle you might be involved in—you might need to be able to demonstrate that your home is a safe location for your children.

You can talk to a family law attorney about specific home requirements or ask for resource recommendations to learn more on this topic. At a minimum, you should look realistically at your space to determine if someone would perceive that your child is welcome in the home and would be reasonably safe there.

4. Demonstrate a Willingness to Work With the Other Parent

This can be a difficult step if you are at odds with the child’s other parent or the mother has spoken out against you or attempted to alienate the child from you. However, it’s important to show that you are willing to cooperate with another parent as well as abide by orders from the court. This doesn’t mean you have to let the other parent walk all over you or that you can’t fight back—it does, however, mean that you should do your fighting through the legal system with the guidance of your attorney.

5. Make a List of Potential Character Witnesses

If you believe child custody matters will go to court, consider whether there are any possible character witnesses who can strengthen your case. Character witnesses are people who can speak positively about your personality, relationship with your child, financial stability, or any other factor that might help the court see you as someone who will be a responsible and stable influence in a child’s life. Character witnesses can be especially helpful if the other parent is bringing negative allegations about you as a person or your fitness as a parent.

6. Consider Whether Expert Testimony May Help

Talk to your attorney about whether experts might help make your case stronger. Mental health experts, for example, may be able to bring a non-biased opinion to the matter that can support the narrative that it’s in the child’s best interest for you to be in their life.

7. Stay as Involved as Possible With Your Child

If you’re already involved to some degree in your child’s life, continue that level of interaction if possible. Demonstrating a consistent desire and ability to be present can be good for your custody case.

8. Be Flexible In the Future While Standing Up for Your Rights

Approach your case with a realistic expectation. Custody matters often involve cooperation from both parents, and as your child gets older, his or her needs and preferences may also change. What works for everyone today may not be the best option for tomorrow, and it’s important to be somewhat flexible as your child grows. However, that doesn’t mean giving up your rights as a father simply because someone pushed back.

If you want to fight for your rights as a father, speaking to a family law attorney can be a great first step. To find out more about what you can do to enhance the strength of your custody case, contact the team at the Deidre Haynes Law Office by calling 317-785-1832
.