And when the forms have been received by the family court, you have to make sure you attend the scheduled hearing. You will have to wait weeks or even months before you appear in court. So while you are waiting, plan your strategy to boost your chances of being granted the custody of your child. A number of parents opt to have a lawyer to represent them during the court hearing. High costs For those in the know, the advice is for divorcing parents to agree right away on the number one issue of child custody. The main reason is to simply avoid the high costs in court suits and protracted litigation. Parents should do well to negotiate a fair parenting agreement that should reflect the overall best interest of their child (or children). The child must be legally competent to testify in court, meaning he or she understands what the child custody hearings are all about and knows the difference between truth and lies. When a child testifies in court, the judge does not directly ask the child if he or she would want to live with the father or the mother. Do not pretend that nothing is going on your children deserves to know the truth especially if it will concern them in the future. Also, avoid showing your children that you are bitter about the situation and blaming your ex-spouse in front of them. Be honest, but explain the situation in positive terms. Usually, both parents are awarded joint legal custody, unless one of them is found to be unfit or unable to make the right decisions. Legal custody is not the same as physical custody which concerns issues on where the child will reside. Physical custody This is the right granted to the everyday care of the child. Seek Help from Support Groups Knowing the laws that apply to your child s custody is only the first step. You can reinforce your understanding of the custody laws by asking for help from several support groups. You may opt to join the Children Rights Council (CRC) in your state. CRC members get legal help from volunteer lawyers who make them understand their rights and obligations as parents.