Who Gets Custody Of Child In Divorce?

Many cases of divorce is a messy and tiresome process that is emotionally traumatic for all those involved. Unfortunately, most cases of divorce involve children, and therefore child custody agreements will need to be drafted.

To make the process a little easier for yourself, a few tips on things you can do are listed below. These tips may prove essential in retaining custody if you are hoping to gain the right and responsibility to care for your children:

  • Be careful not to compromise yourself on social media. Pictures of enjoying a party as well as alcohol consumption may be blown out of proportion and used against you in court especially during cases of divorce and child custody. This evidence is most often found on social media, and although it may falsely represent your actions, your partner may use it to prove that you are unfit as a parent.
  • Do not attempt a smearing/slander campaign against your spouse. It may be used against you especially if the evidence is found on Emails, social media messages, mobile texts, and other sources. The court’s outcome regarding child custody may be affected if you were found guilty of slander and ordered to pay damages.
  • Ensure that you document your involvement in your children’s lives. Keeping a journal or track activities over a calendar by including all important functions you were present for, such as birthdays or parents evenings. Your involvement in your child’s daily routines, as well as information regarding the other parent and how often they are involved, should also be included. The custody of the children may be used in court by this information.
  • Ensure that you are financially secure. This may be very difficult, especially if you are not earning an income. The most important thing to do is to collect as much information as possible regarding your finances, including information on your assets, current debts, and expenses, as well as information regarding policies. Before filing for divorce ensure that all refinancing and other important transactions are made. If you are not the primary breadwinner in the family, a good idea will be to set money aside before filing for divorce.

The above are a few tips to take into consideration before filing for a divorce, especially where child custody is at stake. Ultimately, the courts’ decisions to ensure that children are provided with the best care possible in the future, and it is by following recommendations like those provided above, may determine your and your children’s future positively.

JA Attorneys are specialists in divorce and child custody matters in Johannesburg, South Africa. Contact us today.