Child Custody Lawyer

Child custody lawyers representing cases in the U.S.

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Child Custody Attorney

Contacting a child custody lawyer is highly advised when handling any type of child custody case as they are able to provide a more professional and objective view in the matter while also taking into consideration the laws of the state you live. In more complicated situations regarding child custody where the parents cannot seem to come to a valid agreement, it can be highly beneficial to have a child custody lawyer there to represent you in court. Courts will examine a variety of factors that may come in to play when the courts are deciding if and what parents will have joint or sole custody in this custody case. Joint custody is when the court determines that the child’s parents are going to share custody of the child. While sole custody is when just one of the parents is granted custody of the child. Some of these factors that go into a court granting these types of custody include:

  • If there is any valid evidence or history of child neglect by parents.
  • What kind of relationship both parents have with this their children
  • Meeting the physical and emotional needs that their children may have.
  • If there is any current conflict between parents.
  • If there is any valid evidence or a history of domestic abuse among parents.
  • If there is any valid evidence of a history of attempts of abduction made by either parent.

A child custody lawyer can go over all the factors of your case that the courts will take into consideration when making a deciding what parent receives what type of custody for the children and ensure that you are prepared for your trial. The child custody attorney will assist you in fully understand all the factors, so that you are able to best prepare for your case. Until a final decision is made by the courts regarding joint and sole custody, both parents will be ordered to share legal custody of their child.

Physical custody of a child is referring to where the child is physically living. Legal custody is having the ability to make decisions for that child. It is generally preferred that both parents are granted physical custody of their child, but that will depend on the factors of their case to ensure the child’s safety. When your case of child custody begins to become more complicated, you run the risk of putting yourself at a low advantage when you choose to represent yourself instead of contacting a child custody lawyer for your case. Ensure the rights of you and your family and contact a child custody lawyer as soon as you can.

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Why you should have a child custody lawyer present in your case

Child support cases have the ability to grow complicated quickly, it is vital that in all situations, the best interest of the children are being considered. Child custody lawyers know how important the decisions being made regarding your child are to you and will work with you to guide your family in the best possible direction.

It is not mandatory to have a lawyer represent you in a child custody case, however, it is highly advised to. Having an attorney in this process is extremely beneficial in situations such as your partner living in another state or country, you are being kept from seeing your child, complications in reaching a custody agreement between parents, circumstances have changed within the agreement, etc. It is also recommended to meet with an attorney if the other parent obtains their own attorney or you are just unsure of representing yourself. A child custody can answer all your questions and provide you the best support as they have acquired a large amount of experience in family court.

What a child custody attorney can do for you

There are a number of benefits from working with a child support attorney in your case. A child support attorney can assist in organizing all the information and necessary documents of your case while keeping you aware of the laws within your state. Having this knowledge and support from an attorney can put you at an advantage and strengthen your case. When the other parent gets an attorney, having your own takes away the intimidation and worry of losing rights to your child. In the case that you to modify your custody agreement, you will need an attorney to legally represent you as a modification must be examined and approved by the court depending on the laws within your state. Assistance in setting up child support is another area they can assist you with. Your attorney can anticipate a large amount of situations and outcomes based on their experience in the practice.

Another important thing your attorney can do is representing you in court and negotiating with the other party regarding the custody of the child. You have a better chance coming to beneficial agreements when a child support attorney is present in your case. Even if you and you and the other parent of your child have no issues in reaching a child custody agreement, having a child custody attorney can help in getting everything set up for a smoother court process. Overall, your attorney will navigate you throughout your case and the family court so you are able to have a less stressful experience and worry about moving on in your life.

Child Custody Frequently Asked Questions (FAQ)
What should I do in the case of International child custody?
If you are in a different country or state than the other parent of the child, contacting an attorney is highly advised. The laws of states and countries can vary quite a bit so it is important to have an attorney with you that is knowledgeable of all child custody laws and can ensure you are aware of the ones that may affect your case. You attorney will be able to advise you into making decisions that best fit into the needs of your family and lead to a significantly less stressful experience.
Why do people choose to modify their agreement?
As circumstances change within a situation, the court understands that you may need to modify your child custody agreement. This can include a change of financial circumstances, the mental and physical health of the child’s parents, one parent believing their child is in a level of danger, when one partner is ignoring agreed upon custody schedules and a variety of more circumstances. If both parents do not agree to the changes being made, documents must be filed asking for this change to take place by one of the parents. A child custody attorney can assist you with filing these documents representing you in court and answering all questions you have.
Do the grandparents have rights in child custody cases?
Child custody laws regarding grandparents having custody of the child are different between states. Grandparents have the right to obtain legal custody of their grandchild in most cases and a child custody attorney can make sure you are meeting all the requirements for being granted some level of custody over your grandchild. If both child’s parents are alive, it must be proven in court that both parents are unfit to raise him/her. This process can become very complicated and difficult as courts generally prefer to keep the child with their parents but can easily be done with a child custody attorney representing you in court.
What happens when a parent is refusing to agree to the terms of the agreement?
If one parent is ignoring the terms of the child custody agreement made by the court, the other parent can then file for a Motion of Contempt. If it is proven that the other parent is indeed not accepting the terms of the agreement made between the two parties, they will be brought back into court and punished by laws of the state. It is advised to be in contact with a child custody attorney when dealing with a situation like this where the other parent is not respecting the child custody agreement as you will want the evidence of your side presented accurately to ensure appropriate action will be taken and this does not continue to cause issues in the future.
Where do you begin in the process of getting a custody and visitation court order?
It is very common for the parents of a child to come to visitation and custody agreements on their own with no complications, they can take this to court and have it become court ordered. If the parents are not able to come to an agreement regarding the custody and visitation of the child, they may be sent to a mediator that is from family services. A child custody attorney can also help parents come to a decision that is at the best interest of the child. If the parents find that they are still unable to find an agreement between the two then the judge will decide on the child custody rights for them. Having an attorney there to guide you into making the best agreements and decisions for your child will take a large amount of stress out of the entire process.
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