how to consult with a custody lawyer

by Houston Towne 8 min read

Ask the attorney how they specifically can help you get custody of your child. Have them tell you a detailed course of action that will be taken over the coming weeks or months. Inquire about what they, compared to another child custody attorney, can do to help you get custody of your child.

Full Answer

How to get free child custody lawyers?

It's helpful to collect your thoughts before you head out to your first initial consultation with a child custody attorney. Write them down on paper and bring them with you. You don't want to forget to ask something. Also bring some writing material so that you can jot down the answers.

How to get legal help to solve the issue of child custody?

Custody orders can be reached in either mediation, arbitration, or court. Speak with your attorney and ask what setting is best for your custody issues to be resolved. If you and your spouse are willing to come to terms in a respectful and civil manner, mediation may work for you.

Should I hire a child custody lawyer?

Jul 21, 2014 · What to Bring to A Child Custody Consultation. Petrelli Previtera, LLC | 07/21/2014 | Child Custody. Before a client and I decide to work together on a child custody case, we meet for a forty-five minute to an hour long initial consulation to get acquainted. Usually, we use the time to discuss the facts, go over the legal process and review any questions the potential client may …

What to do if your spouse wants sole custody of your child?

Sep 17, 2021 · A local child custody lawyer can provide guidance as well as an unbiased opinion on custody and visitation options. A lawyer will help you focus on the most important issue, your child. They can discuss what outcomes will come from what choices and ensure your rights as a parent are protected in the process. A lawyer can also further explain the different types of …

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What do you talk about at a lawyer consultation?

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

What do I bring to a consultation?

What Should you bring to your initial consultation?A pen and pad of paper or something to write down notes on any issues or questions that arise.Take the time before you meet with your attorney to write down a list of questions. ... An understanding of your financial situation. ... Bring any documents relevant to your case.Jan 7, 2021

What do judges look for in child custody cases Australia?

any views expressed by the child and any factors (such as the child's maturity or level of understanding) that the court thinks are relevant to the weight it should give to the child's views; the nature of the relationship of the child with: each of the child's parents; and.

How much does a child custody lawyer cost 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 an initial consultation?

What is an initial consultation? An initial consultation is the first time that you are able to speak one-on-one with an attorney. Both you and the attorney have a chance here to learn about each other. The lawyer will learn about the details of your case while you learn about the lawyer and the firm.Aug 30, 2020

How do I prepare for my first meeting with a lawyer?

Tips For Meeting With Your Lawyer For the First TimeDress To Impress. ... Be Ready To Give Your Attorney Important Information About Yourself. ... Gather Your Evidence And Have It Ready For Your First Meeting. ... Get Your Facts Straight. ... Plan Something You Can Look Forward To For After Your Meeting.

Can a father take a child away from the mother Australia?

The rules. As a general rule, a parent is not allowed to practice denying access to a child in Australia, even in the following situations: The parent won't pay family support. The parent is occasionally late to pick up or drop off their young one.

What percentage of fathers get custody in Australia?

11% of fathers will receive sole custody. 3% of court cases result in a Court Order that mandates no contact with one of the child's parents.Jul 21, 2021

What age can a child refuse to see a parent in Australia?

The child's age: In Australia, a child is legally a minor until they turn 18. Accordingly, children up to the age of even 17-year-olds can have their opinions and wishes ignored. Consequently, there is no set age.Jul 28, 2021

Who gets custody of child in California?

In California, either parent can have custody of the children, or the parents can share custody. The judge makes the final decision about custody and visitation but usually will approve the arrangement (the parenting plan) that both parents agree on.

How can a mother get full custody in California?

Any parent who is requesting full custody in California has to be prepared to submit convincing evidence to the family court. The court will require valid reasons that are consistent with the children's best interest to order full custody to one parent.Apr 29, 2020

How long does it take to get custody of a child?

There is no standard time frame and it can take between 6 to 12 months to achieve a final order. In most cases, it will take around six to eight weeks from when you first apply for the preliminary court hearing (step 4 above) to take place.Jan 13, 2021

2. How is child custody determined?

Child custody is ultimately ordered by a judge. When ordering child custody, a judge will attempt to protect and uphold the child’s best interests. A judge will consider the following factors when determining child custody:

6. Should the custody case be taken to court or mediation?

The end result of any child custody case is to reach a final custody order. Custody orders can be reached in either mediation, arbitration, or court. Speak with your attorney and ask what setting is best for your custody issues to be resolved.

7. Does the level of custody affect child support?

The short answer is that yes, the level of custody each parent holds (among other factors) affects child support payments. A lower-earning custodial parent is likely to receive child support from a higher-earning noncustodial parent. The more custody a custodial parent has, the more likely they are to receive a greater amount of child support.

9. How can you help me get custody of my child?

Ask the attorney how they specifically can help you get custody of your child. Have them tell you a detailed course of action that will be taken over the coming weeks or months. Inquire about what they, compared to another child custody attorney, can do to help you get custody of your child.

Contact Us

If you or a loved one is wondering what questions to ask a child custody lawyer, contact us. We’ll get you in touch with the right attorney in your local area for your needs. Our skilled, passionate attorneys protect and defend mothers’ custody rights. Your first consultation is free. We’re here to help you 24/7.

What is child custody case?

Often times child custody cases are linked to child support cases. If that is true for you, it helps to bring financial documents that show any expenses related to your child. This can be tuition bills for private school, day care or summer camp. 4. “Incriminating” Evidence.

Why do clients need a list of questions?

A list of questions. A client should use the consultation as a time to get the most information they can and share the most they can before they initiate the legal process. Making a list of questions can help keep you organized during what can sometimes be a stressful meeting.

What is the preferred method of determining custody and/or visitation rights?

An agreement is the preferred method of determining custody and/or visitation rights. If both parties are willing to and can cooperate, they should discuss child custody and/or visitation arrangements without the involvement of the court. This permits the parties to draft an arrangement that works best for them.

How is a strong custody case made?

A strong child custody and visitation case is made by showing the court an individual can provide a stable and nurturing home for their child. Every child is different and every situation is different so there is no one size fits all standard.

How long does child custody last?

These issues will last until the child reaches the age of majority, so it may be many years. A local child custody lawyer can provide guidance as well as an unbiased opinion on custody and visitation options. A lawyer will help you focus on the most important issue, your child.

What is the legal binding of a family law case?

As noted above, to be legally binding, the agreement must be submitted to the court for approval. Preparing a strong case also includes being aware of how a court will evaluate an argument. In family law cases, a court will use the child’s best interest standard. This standard takes precedence over most issues.

How to argue to court without bias?

An attorney will know how to best argue to the court without an emotional bias. Do: Remain calm and professional. A court will understand the proceedings are emotionally charged but will expect all individuals to remain calm and proceed in a professional manner. Do: Keep the child and their needs in mind at all times.

What is an attorney hearing?

An attorney will know what evidence is needed and what arguments need to be presented during court proceedings. Hearings are often held to decide child custody and visitation issues. If the parties are able to come to an agreement, an attorney will also be able to draft an agreement that includes the wishes of the parties.

How important is custody and visitation?

Custody and visitation cases are extremely important and typically extremely taxing on all involved. First and foremost, it is important to consider the child. The parents get to move on and start over but the child must continually be in the middle of the process. Do: Hire an attorney.

What is the best way to help a child with custody?

Government Agencies. Government agencies are also helpful body to help in case you have an issue with child custody. Government agencies work on free for low-income families. They also provide low-cost legal help, which can be very important to get a side of the child custody.

What does it mean to have custody of a child?

What Does IT Mean Child Custody. Child Custody is a legal term which is used in the family court in the case of divorce. Child custody is broadly defined as fixing the guardianship of a child until 18 years old. However, divorce is the termination of the marital status of the spouse.

Why is divorce so painful?

Divorce is really painful to hear because it is the process of termination of marital status. It is also more painful when the spouse has a child. The child has to go through a very critical stage for the divorce of the parents. However, there is a common question which is after divorce where the child will stay. Both parents may want the ruling of the child’s custody. But the court will do what works best for the child. The child will truly lead a normal life with parenting care and be a good human being. It is expected by all.

What is child custody legal aid?

Child Custody legal Aid is a type of legal help that can be possible to gain for low-income parents. The child custody dispute may not go for the side of the parents according to the court verdict. But low-income parents can get more legal support from child custody legal aid. The legal aid is available in every state where the low income can get legal help from them. The legal aid justifies the parent’s low income, the complexity of the case and manages to provide legal support to make sure the child custody dispute can be settled in a fair way.

Why is child custody important?

Child custody is really an important issue for both parents. The court might issue an order that ensures a better and safer future of the child. When you will face a child custody case, it is really important to consider some important factors.

What is free legal advice?

Free legal advice family is a nonprofit organization which is available in your state. They resolve different types of complicated family-related issues such as divorce and child custody. When you need extended research or much information in the area of child custody, you may get family law advice free online. After contact with them, you may also visit their office. It is a helpful place for parents who are really low income.

What can an expert witness do?

An expert witness can recommend what more can be done for a better future for the children. Therefore, his recommendation is really important in this case. These factors can be a special consideration in a child custody issue. The court will do everything to make sure a better future.

What is the difference between legal custody and physical custody?

Legal Custody? If you are given legal custody of your child, you make decisions on their behalf. If you have physical custody of your child, it means the child lives with you. Parents may have legal custody, even if they don’t have physical custody. As a result, you need complete knowledge ...

What does it mean to file for child custody pro se?

When you file for child custody pro se, it means you represent yourself while in court. Even if you have gone through the process before, you should seek the counsel of a qualified family law attorney. This is particularly important if your ex has legal representation.

What happens if you don't agree with a parenting time schedule?

If parents are unable to agree, the court intervenes and creates a schedule based on the child’s best interests. 6.

What are community adjustment factors?

Community adjustment factors. While the factors vary from state to state, courts usually consider the stability of the home environment offered by each parent. They also acknowledge each parent’s commitment and interest in caring for the child. 3.

What are the factors that affect child welfare?

Some examples of what this considers includes: 1 Each parent’s mental and physical health 2 The child’s individual needs (if any) 3 The child’s wishes 4 If there is evidence of drug or alcohol abuse 5 Community adjustment factors

When do you have to have a temporary custody order?

Some states require you to have a temporary child custody order during the time between your separation and your divorce of the couple. There are other situations; this is advisable.

Can a child custody case be bitter?

Any child custody case may become complicated and bitter if emotions begin to run high. An experienced and skilled attorney can help you understand your rights and help you prepare for the custody claim.

Why is it important to speak to an attorney about custody issues?

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.

What to do if your child threatens custody?

If the other parent threatens your right to custody or time with your child, the most important thing you can do is to think before you react. Avoid doing anything rash that could lead someone to question your actions. Seek legal counsel immediately to learn about your ...

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 ...

What are the factors that the court considers when deciding a child's wishes?

Instead, the court considers the child’s wishes and concerns as well as additional factors including: • Each parent’s wishes. • Adjustment to home, school, and community. • Child’s relationships.

Can you modify custody of a child if one party does not agree?

These arrangements can be modified at any time by agreement. However, if one party does not agree, modifications are more difficult. Depending on the type of custody arrangement, a parent seeking to modify custody may first have to establish that there has been a change of circumstances since the last order.

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:

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:

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