What Should You Tell And Not Tell Your Lawyer While Fighting For Your Child Custody ?

What Should You Tell And Not Tell Your Lawyer While Fighting For Your Child Custody ?

In a child custody battle, emotions run high, and the well-being of your child is paramount. While open communication with your lawyer is essential, there are some boundaries.

Here’s a breakdown of what to tell your lawyer and what to avoid:

Tell Your Lawyer:

  • Everything about your child: Provide details about your child’s age, health, education, extracurricular activities, relationships with siblings and extended family, and any special needs they might have. This helps your lawyer understand your child’s best interests.
  • Your current living situation: Explain your living arrangements, including your housing situation, financial stability, and ability to provide a safe and nurturing environment for your child.
  • Your parenting style and routine: Describe your usual interactions with your child, daily routines, and how you handle discipline and decision-making.
  • Your desired custody arrangement: Be clear about the type of custody you’re seeking (sole custody, joint custody, visitation schedule). Be prepared to discuss your rationale for your preference, keeping your child’s best interests at the forefront.
  • Details about your relationship with your ex-partner: Explain your communication history, any co-parenting efforts, and any concerns you have about your ex’s ability to care for your child (substance abuse, history of violence, etc.).
  • Documentation: Provide copies of any relevant documents, such as school reports, medical records, or past custody agreements (if applicable).
  • Concerns and Questions: Don’t hesitate to express any concerns you have about the custody process, the impact on your child, or your own emotional well-being.
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Avoid Telling Your Lawyer:

  • Irrelevant Information: While details about your child’s life are important, avoid unnecessary information about your ex-partner’s personal life or unrelated matters. Focus on information relevant to your child’s well-being.
  • Information that could Damage Your Case: Avoid admitting to anything that could portray you as an unfit parent, such as neglecting your child, substance abuse, or a history of violence (domestic or otherwise).
  • Threats or Vindictive Statements: Don’t discuss plans to harm yourself, your ex-partner, or your child. Your lawyer is mandated to report such threats to the authorities.
  • Confidential Information: Don’t share confidential information about your lawyer’s previous clients or other unrelated legal matters.

Remember:

  • Lawyer-Client Privilege: Communications between you and your lawyer are generally privileged, meaning they cannot be disclosed in court without your consent. However, there are exceptions, so be mindful of what you share.
  • Honesty is Key: While there are some things to avoid, overall, honesty is crucial. Building trust with your lawyer allows them to develop the strongest possible case advocating for your child’s best interests.
  • Focus on the Child: Throughout the process, keep the focus on what’s best for your child. Present evidence and arguments that support a stable, loving, and nurturing environment for them.

If you’re unsure whether something is relevant, err on the side of caution and discuss it with your lawyer. Their expertise can help you navigate this challenging situation and advocate effectively for your child.

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