concerning custody what are some questions i should ask a lawyer

by Luella Shanahan 4 min read

Questions to ask about how your custody issue will be managed include: Are you available to handle my child custody case? Will you personally manage my case, or will another attorney be responsible for it?

8 Top Questions to Ask a Lawyer About Child Custody
  • Which Laws Pertain to My Case? ...
  • What Will the Court Take Into Consideration? ...
  • Will Mothers Automatically Get Custody? ...
  • How Will Visitation Work? ...
  • How Does Child Support Work? ...
  • How to File for Custody? ...
  • Do I Need a Lawyer? ...
  • Do You Have to Pay Child Support?
Jul 17, 2020

Full Answer

What kinds of questions does CPS Ask Kids?

If you are in the midst of a divorce or issues concerning the custody of your child have arisen, it is important to speak to an attorney to ensure that your rights as a parent are protected. In addition to issues specific to your circumstances, the following questions can help you gain a clearer understanding of what you should do and how an attorn...

What do you need to know about child custody?

Child custody cases can be some of the most contentious. They can also be complex, and the way that they are decided varies from each state and region. To better prepare for a custody dispute, parents may retain the services of family law lawyers to help advise them of the process entailed in a child custody case.

What everyone should know about child custody?

Your lawyer will be able to advise you on Florida law regarding custody and how the amount of time should be divided between both parents. He/she will also be able to calculate Child Support Guidelines to compute how much child support should be paid which depends on the amount of time the child spends with each parent. Can I afford these services? This is a great question to …

How does the court determine custody of a child?

May 18, 2020 · Below, we will discuss the most common questions related to child custody that Legalmatch receives. 1) How Do I File for Child Custody and Child Support? In order to file for child custody you will need to first file a legal document asking the court to determine custody and appoint you as party with primary custody of the child.


What are some good questions to ask a lawyer?

Questions to Ask Your Lawyer During a Consultation1) What kind of experience do you have with similar cases?2) What would be your strategy for my case?3) Are there any alternatives to going to court?4) What are my possible outcomes?5) Who will actually handle my case?6) What is my role in my case?More items...•Jan 29, 2017

How is child custody determined in California?

California law does not show preference to any one parent in a custody case. Custody decisions are to be made based on the child's best interests. That being said, mothers are historically granted custody more often than fathers, since they are often the caretakers of the children more so than the fathers.Oct 15, 2019

How much is a custody lawyer in California?

Generally, child custody attorneys can charge flat fees anywhere between $3,000 to $20,000. These flat fees will likely be smaller depending on how much mediation is required and the number of court appearances necessary. If finances are an issue, one should consider searching for a pro bono lawyer.Jun 15, 2021

What is the most common child custody arrangement?

The most common are sole custody, joint custody, and primary physical custody. Legal custody is also available. Grandparent and visitation custody is another a type of enforceable child custody agreement.Nov 16, 2020

Can a father take a child away from the mother in California?

In California, unmarried fathers can legally take child custody away from the mother if they prove in court that the mother is unfit to care for the child. In these instances, the judge may award sole or primary custody to the father.Sep 3, 2020

Who pays attorney fees in child custody cases California?

Family Code section 3121 authorizes the family court to award attorney fees in custody cases, whether or not the parties were married or if there is a dissolution or legal separation action pending.

How long does a child custody case take in California?

Hearings are scheduled in blocks. Arrive on time, but be prepared to sit through other hearings before you're called. At the end of your hearing, the judge will tell you the next step for your case. If another hearing is necessary, it will usually be scheduled for 30 to 90 days out.

What does a family law attorney do?

As the term implies, family lawyers focus on issues that have an impact on families. They deal with matters such as divorce proceedings, adoptions, and child custody. Common tasks include drafting custody agreements, wills, prenuptial agreements, and other documents.

What is sole custody?

In fact, the term “sole custody” really pertains to decision-making. If a parent has sole custody, he or she will be responsible for making the decisions concerning the issues affecting their child. These issues include, but are not limited to, health, religion, education and, extracurricular activities Sole custody does equate to more ...

What is shared parenting?

Shared parenting, in its purist form, is an arrangement in which parents make joint decisions concerning issues affecting their child. These issues include, but are not limited to, health, religion, education and, extracurricular activities. The details of specific arrangements for each family are memorialized in a document called ...

Does Ohio have a right to choose which parent to give custody of a child?

As of 1991, Ohio officially no longer recognized the right of a child to choose which parent would receive custody. However, under certain circumstance, Ohio law requires that, when making a custody determination, a Court consider the wishes and concerns of a child regarding the child’s care. The Court is not bound by the child’s wishes, regardless of that child’s age. Instead, the court considers the child’s wishes and concerns as well as additional factors including:

Why is it important to understand the things that a judge will consider when ruling in a child custody case?

These factors are considered because the judge wants to decide in favor of what’s going to best for the children involved in the case.

When filing for divorce, do you have to rotate your wishes for custody?

When you’re filing for divorce written into the petition for divorce, you’ll need to rotate your wishes for custody of your child. Another way to file for custody is during a legal separation. This is when you’re not married to the person you’re separating from, but there is a child that the two of you share.

What are the factors that affect a child's development?

Some of the factors that will be considered include: 1 The relationships between the child and each of their parents 2 The health of each parent that will be caring for the child 3 The increasing developmental needs of the child 4 The emotional needs of the child 5 If each parent provides a stable environment for a child 6 Whether there are signs of abuse 7 The ability of each parent to care for the child

What does child support cover?

If you request your child’s financial support, it’s known that the money will cover food, shelter, and other necessary items about the child’s well-being. Child support will be awarded in monthly installment to the parent that has sole custody of the child.

What happens when you file for separation?

Once you file for separation, you’ll file another suit seeking custody of the child involved. A paternity action suit is a step a father needs to establish that he is the child’s biological father. Once paternity has been proven, he can then move forward with filing a suit for custody rights. 7.

Can a father get sole custody of a child?

In other states, if a father presents a strong case against the mother showing her incompetence at parenting, then the father can receive sole custody. When heading to court, if you feel your ex-spouse doesn’t have the resources or capacity to care for your child, you’ll need to provide this information to your lawyer.

What does the court consider when awarding custody?

Generally, the court will consider the best interests of the child when determining to whom and in what manner to award custody. The factors that the court looks at are usually based on a family law that specifies relevant factors or case law in which judges have stated in past cases what factors can influence their decisions.

What factors are considered in a child custody case?

The court may consider factors specific to the child, such as the child’s age, sex and development. The court may also consider how close the child’s bond is to each parent and to siblings. If the child is old enough, his or her preferences may be considered by the court.

What is sole custody?

Sole custody is when one parent has nearly all of the rights and responsibilities related to raising the child. Some states differentiate between physical and legal custody. Legal custody means the right of the parent to make decisions for the child.

Is divorce easy?

For the most part there’s nothing easy about divorce. And when a couple has children involved, things only get more difficult from there. First and foremost, parents never want to make their children feel guilty or like they’re to blame for a divorce.

Is custody a term in Florida?

NOTE: The word “custody” is no longer the accepted term used by the Florida Bar. The Courts now prefer the word “timesharing” with one parent exercising “majority timesharing” or both parents exercising “equal timesharing”.

What to do if you are not in custody?

If this is not possible, then you may need to take legal action. Some general suggestions include: File a lawsuit with the court for a custody order if the other party is violating a prior custody agreement, or if abuse is an issue; Initiate or seek family mediation if some amount of cooperation is possible;

How to file for child custody?

In order to file for child custody you will need to first file a legal document asking the court to determine custody and appoint you as party with primary custody of the child. The actual name of the legal document you need to file depends on your local jurisdiction.

Why is child custody so complicated?

Because custody rights involve a child’s safety and wellbeing, child custody cases can be complicated. Additionally, state laws regarding the issue vary. Child custody cases require a good working knowledge of family law as well as state law. Below, we will discuss the most common questions related to child custody that Legalmatch receives.

What is child custody?

Child custody rights refer to a set of rights given to a parent in divorces and legal separation. Child custody rights include legal custody, which includes making important legal decisions on behalf of their child, and physical custody. Physical custody deals with which parent has the legal ability to determine the primary residence of the child.

What factors are considered when determining child support?

When determining child support payment amounts, the court will generally consider the following factors: The needs of the child; The income of the custodial parent; The non-custodial parent’s ability to make payments; and. The child’s standard of living prior to the divorce, if applicable.

Does one parent's custody affect child support?

Typically, the amount of one parent’s custody will not affect the amount of child support, so long as one parent has primary custody of the child. Therefore, unless your custody order is for split custody, where each parent has essentially 50% possession of the child, one parent will normally be ordered to pay a state guideline supported amount of child support.

What happens if you don't follow court orders?

Not following the Court order may result in you being held in contempt of court.

Background Questions for Custody Attorneys

Questions to ask about a child custody attorney's legal education and professional experience include:

Legal Philosophy & Style

You'll want to ask about the custody lawyer's style and approach to practicing law. Among the questions to consider asking:

Assessment of Your Child Custody Case

Get the lawyer's assessment of your case. Relevant questions to ask include:

Case Management

Questions to ask about how your custody issue will be managed include:

Legal Fees

Questions to ask about the estimated cost of your custody case include:

At the End of Your Meeting

Before the meeting ends, ask the lawyer if there are other questions you should have asked, or anything else the attorney wants to tell you. Is there anything you should know before deciding whether to hire him or her?

Hiring a Child Custody Attorney

Once you've had the opportunity to meet one or more attorneys, you'll need to review the results of those meetings before deciding which lawyer to hire. Among the factors to consider:

What are the factors that determine custody?

Typically, child custody decisions are based on the best interest of the child. A number of factors come into play here. Most of these vary by state, but commonly include the following: 1 The quality of the child’s relationship with each parent 2 The age and health of the child and each parent 3 The emotional and developmental needs of the child 4 The home environment of each parent 5 The ability and disposition of each parent to fulfill the child’s emotional and physical needs 6 The level of the child’s involvement in his/her school and community 7 The willingness of parents to co-parent 8 Evidence of child and/or domestic abuse

What does it mean when you have legal custody of your child?

When you have legal custody of your child, you’re entitled to make decisions on behalf of your child. When you have physical custody, it means your child can live with you. A parent can have legal custody even if he/she doesn’t have physical custody. Hence, gain complete knowledge of the various custody options available to you, ...

What are the factors that determine the best interest of a child?

Typically, child custody decisions are based on the best interest of the child. A number of factors come into play here. Most of these vary by state, but commonly include the following: The quality of the child’s relationship with each parent. The age and health of the child and each parent. The emotional and developmental needs of the child.

What is the objective of the court?

The objective of the court is to make every decision that is best or the most ideal for the child’s present and future. Each state has its own criteria for deciding what’s in the best interest of the child.

What happens if you change your child's name?

Any change in the child’s name will require a court order. If the other parent objects to the name change, you will need to prove in court that the change is in the best interest of the child. If none of the parents object, the court will permit the name change.

What is child support?

Child support is money paid to a parent with the custody to help cover the child’s expenses (food, shelter, clothes). In some states, certain set guidelines enable courts to arrive at a fair and sufficient child support amount. Other states award child support based on case facts.

What can a lawyer do for my child?

A skilled and experienced attorney can help you understand your rights, prepare your custody claim and negotiate with the other parent. Even if you and your ex amicably decide on the custody, your lawyer can help with the paperwork and the filing of the case.