what do you do of you're taken to court for custody and can't afford a lawyer

Full Answer

What to do if you can't afford a custody lawyer?

Although it may feel like you’re straight out of luck if you can’t afford a custody lawyer, there are a few legal aid options available. Each state is different, but most lawyers will give you a free 30-minute consultation. Be honest and brief with your lawyer. Ask them what they think your best course of action should be.

Do I need an attorney for a custody dispute?

If you think the custody of your child should be your decision, but you cannot find an agreement with the other parent, then you have some options when going to court. You do not need to have an attorney for a custody dispute in most states. Representing yourself in court is your right and can have pros and cons.

What do I do if my child's other parent initiates custody proceedings?

The judge will review these documents before you get to court. If your child's other parent initiates custody proceedings, you can assume that they included their own proof when they made their written submission. You must receive a copy of the paperwork they gave the court—that's the law. Read it over carefully.

Why hire an attorney for a child custody case?

An attorney can also use their experience to present your case before the judge in a clear and compelling fashion and communicate with the other side so that personal emotions don’t get in the way of what’s best for your child. Myers Law Firm has over 60 years of combined experience with family matters, including child custody cases.

Contemplate Your Options

Before you go to court, consider how confident you are about representing yourself. Many free legal aid organizations can assist you with handling related cases like the Jensen Family Law – Mesa.

Research

You will be entering a world of information during the course of your case. You’ll need to have extensive knowledge of the laws related to child custody and divorce. The more aware you are about what the court is asking you to do, the better prepared you will be.

File a Petition for Custody

To file for child custody, you must fill out a Petition and Order for Custody. You have to state the grounds on which you are seeking custody. Read the petition carefully and check that all boxes are filled correctly to avoid having your case dismissed.

Serve the Other Party

Each party has to serve their spouse with the child custody petition. You will be expected to serve your spouse outside of court on several occasions during your divorce or custody process. Serve them when you can, even if you think it might be risky.

Attend Hearings

When you file for child custody, you ask the judge to enter an order that will determine your rights to see your children. That means attending hearings is essential in the process. Attend court hearings even if you are not there representing yourself.

Be Prepared

Bring detailed notes about any meetings with your spouse and other adults involved in your case and work closely with everyone involved during these conferences. Be sure to mention in your notes any inconsistencies or inaccuracies in what they say. It most definitely won’t be an easy process, especially when you’re representing yourself.

What does it mean when your ex doesn't have a close relationship with your child?

Courts tend to take a very dim view of a parent who tries to curtail or impede the child's relationship with the other parent. A lack of regular phone contact (such as only a few times a year, or only on birthdays or holidays) may indicate to the judge that your ex doesn't have a close relationship with the child.

What is a non-custodial parent?

A non-custodial parent who's trying to get custody can utilize this information in court to prove a continuous and meaningful relationship with the child. A custodial parent might use a log of visitation schedules to prove the lack of a continuous relationship between the child and the child's other parent.

What is written submission to court?

All custody proceedings begin with written submissions to the court outlining your position and clearly stating what you're asking the court to order.

What to include when your child is injured?

Your Child's Records. Consider including your child's report cards and other written documentation from others showing how well they have done while in your care—or vice versa. If your child is repeatedly injured while in their other parent's care, including doctor reports and emergency treatment records.

Do parents have to keep a diary of phone calls?

Both parents should keep a diary of all phone calls made between the child and the parent who does not currently have custody. The log should include when the calls occur, how long they last, and their frequency.

Can a trained professional visit both parents?

A trained professional will meet with your child, usually repeatedly, and may visit both parents' homes, as well. It's the professional's job to report back to the court with a custody recommendation. 1. You don't have to wait for the judge to order one, however.

Can a judge review a child's custody papers?

You must receive a copy of the paperwork they gave the court—that's the law. Read it over carefully.

What can an attorney do for a child?

An attorney can also use their experience to present your case before the judge in a clear and compelling fashion and communicate with the other side so that personal emotions don’t get in the way of what’s best for your child.

What is the impact of child custody?

A child custody case can seem like a maze of legal paperwork, court dates, and visitation schedules; missing even a single detail in any of these areas can have a negative impact. Simply put, your relationship with your child is too important to risk letting that happen in a child custody case.Instead, you should look for an experienced family law ...

Is divorce hard to handle?

Posted by Matthew Myers on June 15, 2016. When you’re going through a divorce, it can be hard to handle the stress and emotional turmoil. Often, the legal aspects of divorce tend to get tangled up with the emotional and personal issues that led to the end of the relationship, and arguments over child custody only complicate the situation further.

How to handle a custody dispute?

Even if the other parent isn't entirely willing to cooperate, you may have some options to save money while handling a child custody dispute: 1 Some law firms can advise you on a case by-the-hour, or act as your counsel outside of court. 2 You can save money by handling all paperwork and case prep yourself, but this is a large, time-consuming feat. 3 You can ask a lawyer to review your paperwork and help ensure it will meet the judge's expectations 4 You can have an attorney only for your court hearings. Just remember that the case will not be as strong if the attorney gets involved last minute, so involving them early is a good idea. 5 An attorney can work with your ex-partner to compromise on a parenting plan, which keeps the case out of court. 6 You can also use a lawyer to try to convince the other parent to use mediation if they refused before.

How to save money on court case prep?

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. You can have an attorney only for your court hearings.

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 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 to do if your spouse treats you like you are inferior?

If your spouse treats you like you are inferior and will not listen to your viewpoint, you will want to consider hiring an attorney to protect your rights. You are involved in a domestic violence situation. There is no question that you need a lawyer if your safety, and your children's safety, is at risk.

Can both parents have custody of their children?

Both parents have the right to seek custody of their children — with or without an attorney. However, some factors make the case lean in favor of one side or the other. It is a good idea to have an attorney if: You have a history of drug or alcohol use.

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.

I cannot afford a lawyer for my custody case

You have decided that you need to go to court for custody of your child. Maybe this decision was made for you because the other side has served you with notice and you have a court date coming up. Maybe you realized that you need a custody order, or that the custody order in place needs to be modified.

About the author

Brady Johnson graduated from LaSalle University in Philadelphia, PA where he earned a Bachelor of Science degree in Accounting. After College Brady began his career in Banking, attending Law School at night. Brady received his Juris Doctorate from Widener Law School in Wilmington Delaware. Mr.

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