do i need a lawyer when fighting for visition

Having a proven advocate that has fought for, and won, numerous cases similar to yours is necessary to secure your visitation rights with your child. Waiting can often be the worst thing to do because judges do not like to see that you sat on your hands while not being able to see your child.

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Why do I need a visitation attorney?

Feb 16, 2022 · Only a child visitation attorney specifically trained and experienced in family law can help guide you through the complex system that lies ahead. Having a proven advocate that has fought for, and won, numerous cases similar to yours is necessary to secure your visitation rights with your child.

Do I need a lawyer to fight for child custody?

Jun 08, 2015 · Do you need an attorney to get visitation rights? No. If the parents don't agree do you need to file for visitation rights? Yes. Often time co-parenting does not require court intervention. A simple notarized agreement or even informal one suffices.

Do you need an attorney to handle a case?

Apr 09, 2015 · 7031 Koll Center Pkwy, Pleasanton, CA 94566. master:2022-04-05_10-14-50. While the rules governing grandparent visitation vary from state to state, generally, a parent must be preventing visits before a grandparent can seek court intervention. For example, grandparents can’t file a visitation action simply because they want more time with ...

When to fight for child visitation with the other parent?

It depends on whether you want to have the best outcome possible. Obtaining the advice of a knowledgeable attorney will obtain the best result for you. Answered on 11/04/15, 4:25 pm Mark as helpful Arlene Kock Law Offices of Arlene D. Kock APLC 0 users found helpful 0 attorneys agreed A paralegal does not possess the legal training of an attorney.

When Can Grandparents Petition For Visitation?

Certain circumstances must exist before a grandparent can ask a court for visitation privileges. Specifically, many states require a grandparent to...

Do A Parent’S Feelings on Grandparent Visitation Matter?

Although each state has its own grandparent visitation laws, the U.S. Supreme Court case, Troxel v. Granville, set some parameters for visitation t...

When Can I Seek Custody of A Grandchild?

In limited circumstances, a grandparent may be able to obtain custody of a grandchild. These situations are typically limited to those where a pare...

Do Grandparents Have A Right to A Court Hearing on Visitation Or Custody?

Visitation and custody decisions aren’t made lightly. Rarely will a judge issue a visitation order without holding a formal hearing where each side...

Questions For Your Attorney

1. My son’s ex-wife has taken my grandkids to another state and prevents any contact. What can I do? 2. My daughter and her husband, who live 15 mi...

Paul Anthony Eads

Your requests are more than reasonable. I encourage you to obtain counsel and make your plan a reality.#N#More

John Joseph Gilligan

I assume by your question you do not have a current order giving you visitation. Therefore, you need to file a request for an order giving you overnight visitation so your time with your daughter can't be controlled by the mother. You should contact a family law specialist to assist you in this endeavor.#N#More

Michael Hulshof

Do you need an attorney to get visitation rights? No. If the parents don't agree do you need to file for visitation rights? Yes. Often time co-parenting does not require court intervention. A simple notarized agreement or even informal one suffices.

Tobie Brina Waxman

As the parent of this child, you already have those rights. What need is a way to enforce those rights so that Mom cannot prevent you from seeing your daughter. It's never a good idea to try to navigate the legal system on your own, i.e. without a lawyer. Although you are not required to hire a lawyer, it's highly recommended.

Christopher Walter Dull

Is there a current custody order? Were you married to the mom? You need to open up a paternity case or file a petition to establish a custody and visitation order and have the mom served. You also need to file a request for order to request a custody and visitation schedule if you do not have a court order currently.

What is the Supreme Court case about grandparent visitation?

Although each state has its own grandparent visitation laws, the U.S. Supreme Court case, Troxel v. Granville, set some parameters for visitation that are followed in every state. A court must consider a parent’s wishes and reasons for preventing grandparent visitation when deciding whether visits are appropriate.

Can a grandparent get custody of a child if both parents are unfit?

A grandparent may even be able to obtain custody when both parents are living if they are both unfit. A court will always put a child’s best interests first. As a grandparent seeking custody, you’ll bear the burden of proving that a parent is unfit.

Can a grandparent visit a grandchild?

A judge will award a grandparent substantial time with a grandchild if it’s in the child’s best interests. While the rules governing grandparent visitation vary from state to state, generally, a parent must be preventing visits before a grandparent can seek court intervention.

Can a grandparent intervene in a divorce?

Specifically, many states require a grandparent to intervene in a custody proceeding as part of a divorce or separation. Only a few states allow grandparents to file a petition (written request) for visitation that is not a part of a divorce or custody case.

How much does an attorney cost?

Attorney are always a large expense that people do not plan for. Most cost $100-$500 per hour, and your case may need many hours. However, attorneys can cost less in the long run because they don't make mistakes in the process, and generally, the overall process goes faster.

What is a custody battle?

While child support considers the money needed to raise a child, a custody hearing (sometimes called a child custody "battle") considers the visitation rights and parenting plan that most benefits your child. If you feel frustrated that a court can tell you what is best for your child, you are not alone. Many parents think a custody order (also ...

How to get custody of a child?

An attorney will handle everything from A to Z, including: 1 Filing complicated paperwork with the right people at the right times (pre-trial orders, child support worksheets, ex-parte temporary custody orders, etc.) 2 Gathering personal character references, coaching on reference letters, and preparing witnesses for court 3 Providing insight on the judge you are assigned 4 Developing a strategy on your approach and attitude during the custody hearing 5 Gathering evidence and contacting expert witnesses (such as a forensic accountant to show your ex is spending irresponsibly or doing something illegal) 6 Helping you with your personal testimony and preparing you for tough questions from the judge

Who decides custody of a child?

Many parents think a custody order (also called "custody agreement") should be decided by the parents and not a family court. If parents can find a solution that works for both of them and, more importantly, is in their child's best interests, then they can present that solution to a judge and avoid a courtroom battle.

Is it a right to represent yourself in court?

Representing yourself in court is your right and can have pros and cons. The obvious pro is that you will save money on legal fees. However, going to court generally means the parents cannot find a solution. So you are looking at a complex process in front of you before you even get to the courtroom.

Can a lawyer advise you on a case?

Some law firms can advise you on a case by-the-hour, or act as your counsel outside of court. You can save money by handling all paperwork and case prep yourself, but this is a large, time-consuming feat. You can ask a lawyer to review your paperwork and help ensure it will meet the judge's expectations.

Can a parent fight for custody?

Some parents can work out a parenting plan or child custody agreement on their own , peacefully, while others will fight for what they believe is fair and right for their child. If you are preparing for a fight, you will want to consider legal help, but you have options.

What is the UCCJEA?

Under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), the child’s home state is the court with jurisdiction in custody matters. If the child has lived in a different state for six or months, the home state no longer has jurisdiction.

What happens if a stepparent adopts a child?

However, if a stepparent adopts the child, the other biological parent is absolved from this requirement. If the unmarried parents live in different states, child custody decisions are still based on the best interest of the child standard.

Is there a presumption of paternity?

Legally, there is no presumption of paternity; this means that unwed fathers are not, by default, assumed to be biologically related to their children. This type of situation can prevent the father from being awarded visitation rights or child custody. This situation may seem unfair at first for unmarried fathers.

Do unmarried fathers have paternity rights?

Once paternity has been definitively established, the unmarried father has all of the rights to his child as a married father. This is not typically an issue for unmarried couples who live together; however, for those who do not live together, the father will need to petition the court to establish his paternity rights.

Can a lawyer help with child custody?

A knowledgeable and qualified child custody lawyer can help you make sense of the process. They will also inform you of your rights and represent you in court if needed.

Can a child be born to an unmarried mother?

When a child is born to an unmarried mother, the mother is automatically granted sole custodianship.

What to do if you are late to court?

If you’re late, don’t show up, or don’t let your ex know where/when/for how long your taking the kids then there’s going to be an issue.

How to win custody battle?

How to Fight and Win a Custody Battle. The first and most important thing to do if you’re going through a child custody battle with your ex is knowing why you’re fighting for custody in the first place. There are a lot of people out there who want , or need, to win their child custody cases, but don’t know exactly what they’re fighting for.

What happens if a non-custodial parent doesn't pay child support?

Myth #7: If the non-custodial parent doesn’t pay child support, the custodial parent loses their custody rights. This isn’t true, as it is entirely up to the court to decide how much the non-custodial parent must pay in order for them to have equal custody rights (or any at all).

Is court case stressful?

Court cases are very stressful to children (even though they have no idea what’s going on) and too much stress can lead to many child hood issues like depression, anxiety or even delinquency later in life. Myth #2: The best parent is the one with custody. Again, not always true.

What is the best way to fight for custody of a child?

Emotional Focus. Any parent who fights for custody of their child is extremely invested in the outcome. You work to protect your child and to prove you’re the best choice to be the custodial parent. But your emotional commitment could cause you to lose focus if you represent yourself.

Why is a thorough investigation necessary?

If you’ve seen any legal proceeding, you know a thorough investigation is vital to uncover the relevant facts. An investigation takes time, and there are many things to consider in a child custody case. Every lead should be developed before you go to court. Most of us aren’t trained detectives.

What is the court system?

Court System. The court system is a complicated maze of documents, hearings, judges and other details you must handle with precision and timeliness. Paperwork must be completed correctly and filed on time and to the right place. Hearings are scheduled and mandatory. They’re difficult to reschedule.

What is a familiar process?

Familiar Process. Your lawyer will be familiar with the other parties involved. They may be aware of recent rulings or decisions by the assigned judge and use that to formulate the best strategy. They may have faced the opposing attorney and know what tactics to expect.

Does legal representation cost money?

Of course, legal representation costs money. But it could cost you more if you represent yourself. If you lose your case, the opposing side could ask the court to make you pay their legal fees. If the judge rules in their favor, you would still owe a large amount.

What is the goal of a child custody case?

Your goal is anything that helps you build a winning child custody case. Another point to consider is how you respond to pressure. The court requires all who appear to remain calm and behave reasonably. Custody battles are very emotional. If you lose your temper quickly or overreact, you shouldn’t represent yourself.

Is divorce expensive?

Divorce and splitting up a home can be very expensive. When you add the cost of a child custody battle, you look for somewhere, often anywhere, to cut your expenses. And since no one knows your child better than you do, you should represent yourself in court. Right?