How can I speed up my custody case?

Asked by: Isac O'Kon  |  Last update: May 19, 2025
Score: 4.3/5 (4 votes)

Ways to shorten your custody case Hire a lawyer: Lawyers help you avoid mistakes that can hold back your case or get you charged with contempt. They fill out your custody papers so the forms go through without issue, they help you meet deadlines and they prepare a thorough case.

How long do most custody cases take?

Trial and the Child Custody Battle

Once time flies and conflicts increase, it could take up to 3 years to resolve a high-conflict case by trial. Most often, though, in most states, from the time a case is filed until it goes to trial is about 18 months.

Who is more likely to win a custody battle?

Mothers historically have won more custody battles due to traditional roles and perceptions of mothers as the primary caregivers. However, this trend is changing as courts increasingly focus on the best interests of the child, considering many factors beyond traditional roles.

What is the biggest mistake in a custody battle?

The Most Common Mistakes Made in California Child Custody Cases. Failing to respond to a child custody case will not make the issue go away. Instead, it could lead to a default judgment. This means that whatever the other party is requesting will most likely be granted by the judge because you have not given any input.

What to say in court to win child custody?

Good Words To Use In Custody Hearing
  • Your Child is Not Property. The primary thing you must remember is that your child is not property. ...
  • Best Interests of Child. With that in mind, you must always remember in Court, it is about your children. ...
  • Status Quo. ...
  • Child's Schedule. ...
  • Co-Parenting. ...
  • Flexibility. ...
  • Step-Up Plan. ...
  • Our Child.

How To Speed Up Your Case

26 related questions found

What not to say in a custody battle?

Avoid cursing and putting down the other parent, your children, in-laws, and other family members, the mediator, the judge, and others involved in the process. That can be tricky when sensitive topics, such as substance abuse, are at play.

What makes a strong custody case?

In California, evidence against the other parent showing sexual or physical abuse, neglect, addictions or other serious issues are necessary to pave your way toward getting primary or sole physical custody of your children.

Who wins most child custody cases?

It is true that mothers typically HAVE custody of their children, but that's mostly because the men take off. Statistically, in the US, when a man asks for shared custody, he gets it, and in cases where men go to court to get full custody, they get it a majority of the time.

What not to say in child support court?

Don't Bash The Other Parent

Even if what you are saying is true, it is best to allow the courts to discover any undue behaviors on the part of parents during child custody hearings. Also, while refraining from making true claims about the other parent, it is not a good idea to make false defamatory claims against them.

What looks bad in family court?

Bad-mouthing your ex-spouse or engaging in verbal or physical altercations with them in front of a judge looks bad. If your children are present, it looks even worse. Judges understand that tempers run high during custody cases, but lack of self-control will not reflect favorably.

How a father wins custody?

To increase the chances of obtaining full custody in California, a father should: Demonstrate their involvement in the child's life: Show active participation in the child's upbringing, education, and daily routines. This will help the court understand the strong bond between the father and the child.

Who is most likely to get full custody?

Courts cannot discriminate against a parent based on gender. Yet the best-interest-of-the-child standard is more likely to favor mothers since they are often the primary caregivers for children. For a father in a custody battle, proving parental fitness is key.

Is it hard to fight for custody?

In most cases, physical and legal custody are awarded to one parent or shared between both parents. However, there are some cases where one parent is awarded sole physical and legal custody of a child. Fighting for child custody can be a long and difficult process.

How to speed up a child custody case?

Ways to shorten your custody case
  1. Hire a lawyer: Lawyers help you avoid mistakes that can hold back your case or get you charged with contempt. ...
  2. Settle your case: Your case could resolve within a matter of weeks if you reach a settlement.

How do most custody battles end?

Some courts have mediation programs, and others require you to find an outside mediator. The court will choose your mediator if you and the other parent cannot agree. If you reach an agreement, you can file it with the court to end your case. If you don't agree, the court process will continue.

What questions does a judge ask a child in a custody case?

What Questions Does A Judge Ask A Child in A Custody Case in California? California family court judges are hesitant to involve the children in custody disputes between parents. The judge will not ask questions of the children unless they are old enough and have a desire to express their preferences.

What should you never say to a judge?

Here are five things all defendants will want to avoid saying to a criminal judge:
  • 'I Did It. ' ...
  • 'They Didn't Tell Me...' ...
  • Expletives. ...
  • Lies, Lies, Lies. ...
  • 'I Will Represent Myself.

Who are the best witnesses for a custody case?

Picking good witnesses, like family, coaches, doctors, social workers, psychologists, counselors, or the kids' school personnel, can help a lot. They can tell the court about the kids' circumstances and what's in their best interest.

What not to say in child custody mediation?

DON'T refer to the children as “my” children. Another red flag for the mediator – someone who seems possessive of the children will not be found to be the parent who fosters a relationship between the children and the other parent – one of the statutory factors the Court must consider when fashioning a custody order.

Is it worth fighting for custody?

A court battle over child custody has many drawbacks, though, and should be your last resort. But if you and your spouse can't negotiate a parenting plan, you'll want to be aware of what you're facing and have an idea of what to expect when you head to court.

Why do men lose custody battles?

Primary Caregiver Presumption: Most times at the point of a separation fathers defer to the mother as the primary caregiver. This ends up putting them at a disadvantage because courts often presume the parent who has been the primary caregiver is better suited for custody.

How to win a custody battle without a lawyer?

Tips On How To Win Custody Without a Lawyer
  1. Prepare your custody case.
  2. Gather useful information.
  3. Follow proper procedure.
  4. Attend every court appointment.
  5. Remain level-headed throughout.
  6. The children's best interests.
  7. Compliance with court orders.

What looks bad in a custody battle?

Don't abuse alcohol or drugs

Substance abuse is a major mark against a parent in a custody battle. When you're under the influence, you can't be the parent your child needs — especially if you're dependent on that substance to get through the day. Make responsible choices to show the court you're fit to parent.

How to impress a judge for child custody?

Child Custody - Impressing the Judge
  1. Be willing to work with the child's other parent. ...
  2. See your children whenever possible. ...
  3. Don't involve your children in the court case. ...
  4. Don't put the children in the middle. ...
  5. Perception is everything. ...
  6. Hire an experienced child custody lawyer.

How can a mother lose a custody battle?

Serious neglect is proper grounds for a mother to lose custody. There is no "perfect parent" standard in the California Family Code. Family law judges understand parenting is an imperfect process.