Sharing child custody can be a very personal and emotional experience. In many cases, it is at the most critical time of their lives, when they are facing their most significant decisions and growing apart from their parents. At this point in your life, with everything that has occurred already, you may feel that you need a lawyer who only handles custody battles. In reality, what you need can help you make the best decision possible for your family. However, not everyone has the financial capabilities to hire a lawyer or emotional space to attend court hearings and, thus, end up feeling hopeless. Before giving up on your chance at paternal or maternal custody, please read this post, where you’ll find all the information you need to figure out what to do if you can’t afford a lawyer for custody.
In such a situation, one can consider filing a Pro se. Pro se means filing for child custody on your own without the help of a lawyer. It is an alternative method of child custody that saves parents money and helps them get the best possible outcome. However, there are various factors to consider before deciding to file.
What to Know Before Filing a Pro se?
Filing a pro se requires immense research and planning, especially if you have no experience whatsoever. Since the concerned parent would be working without a lawyer, they should be prepared to deal with every process involved in the case. This includes maintaining scrupulous paperwork in bulk and familiarizing with the laws and regulations related to their case. A parent also needs to consider the energy and mental space required to deal with such a trying case.
Contemplate Your Options
Before you go to court, consider how confident you are about representing yourself. Many free legal aid organizations can assist you with handling related cases like the Jensen Family Law – Mesa. If you intend to represent yourself in a child custody case, ensure that you do so with the proper considerations and bear in mind that the court will choose what is best for the child when ordering the arrangements. Several options can help you get the most out of your custody case; you might want to consider what custody options the court might favor in your case that’s in the children’s best interest.
Research
You will be entering a world of information during the course of your case. You’ll need to have extensive knowledge of the laws related to child custody and divorce. The more aware you are about what the court is asking you to do, the better prepared you will be. You will need to carry this information with you and keep it updated as your case progresses. You should also be prepared to answer questions from the judge, which may arise at any time during your case. If you don’t know much about legal terminology or specific laws related to child custody, a lawyer can help you gather this information.
Ask friends or relatives for their comments on how things have gone in other similar situations before filing pro se and listen carefully to what they have to say. Some of the things that can influence your case include:
- The ability of each parent to cater to the child’s needs
- The existing relationship between the child and parent
- The current primary caretaker for the child
- Physical & mental status of both parents and children involved
- Type of living conditions a parent is capable of providing
- If the custody arrangement would or would not offer the child continuity
File a Petition for Custody
To file for child custody, you must fill out a Petition and Order for Custody. You have to state the grounds on which you are seeking custody. Read the petition carefully and check that all boxes are filled correctly to avoid having your case dismissed. Be sure to provide a concise description of how the other parent has violated the existing parenting plan or terms of the divorce and what steps you’ve taken to resolve these violations.
Serve the Other Party
Each party has to serve their spouse with the child custody petition. You will be expected to serve your spouse outside of court on several occasions during your divorce or custody process. Serve them when you can, even if you think it might be risky. The other party must always be served by a person who is 18 years old or older and not a party to the case. If you have tried unsuccessfully to serve your spouse by certified mail or some other method, then you can enlist the help of law enforcement officers in making personal service.
Attend Hearings
When you file for child custody, you ask the judge to enter an order that will determine your rights to see your children. That means attending hearings is essential in the process. Attend court hearings even if you are not there representing yourself. Your children’s interests are always on the line, and in divorce cases, it’s essential to participate in the process actively. Attend every hearing until your case is resolved or the judge declares a mistrial.
Be Prepared
Bring detailed notes about any meetings with your spouse and other adults involved in your case and work closely with everyone involved during these conferences. Be sure to mention in your notes any inconsistencies or inaccuracies in what they say. It most definitely won’t be an easy process, especially when you’re representing yourself. You need to be prepared physically and mentally for the process. Stay focused on your case and abide by any ruling given by the judge.