what if only one person gets a lawyer in child custody

Do I need an attorney to get custody of my child?

May 31, 2021 · Child custody requires professional legal assistance, especially when one of the parents is incarcerated. When one parent gets locked up, they don’t automatically lose their visitation and parenting rights. The judge will most likely grant them supervised visitation for a few hours per week, depending on the circumstances of each case.

What happens if there's another legal parent in a custody case?

Jul 03, 2021 · Myth #11: You must have an attorney to get custody. This is true if you want full custody or if you are contesting the other parent. Most states require a minimum amount of contact with your child for them to be considered a “custodial” parent. However, if you have 50/50 legal custody then a lawyer is optional.

Who is the custodial parent in a custody case?

Apr 09, 2015 · Why Parents Lose Custody Rights. If you’re going through a divorce with children, you may have a lot of questions about custody.Generally, parents hold a preferred position under the law, which means a court will presume that the parent is …

How does child custody work in a divorce?

Oct 12, 2020 · Child Custody Guide: Florida Family Law. In a Florida divorce or child custody case, the judge will consider the children’s best interests when deciding how time-sharing will be allocated amongst the parents. See Florida Statute 61.13. Florida custody law does not give any preference to mothers or fathers when deciding child custody matters.

What is poor co parenting?

Bad-mouthing the other parent in front of your child or in their hearing. Directing negative non-verbal communication at the other parent in front of your child. Exposing your child to conflict between you and their other parent, whether in-person or on the phone.Aug 15, 2018

Can my ex dictate who is around my child?

You may or may not be able to stop the other parent's significant other from being around your child. In general, you do not have the power to dictate which adults are around your child when they are with the other parent.Feb 24, 2020

Can I stop my child seeing his father's girlfriend?

Can I stop my kids seeing the ex's new partner? I'm often asked if there is a way for a parent to stop their child spending time with the other parent's new partner. The short answer is no. Both parents have parental responsibility and they are able to exercise that responsibility in whatever way they see fit.

Can I stop my child from seeing his dad?

A mother cannot stop a father seeing his child unless the court orders to do so. If the child is scared of the father due to some kind of abuse or harm, then the mother would need to speak to the child and gather evidence which may prove the child being at risk.

Why Parents Lose Custody Rights

If you’re going through a divorce with children, you may have a lot of questions about custody. Generally, parents hold a preferred position under...

Who Can Seek Custody of A Child?

In order to file a request for custody, you need to have "legal standing," which refers to the ability to demonstrate a connection to or interest i...

How Does A Judge Determine Third-Party Custody?

The same factors that apply in a traditional custody case apply when deciding custody in favor of a third party—a judge will try to find a scenario...

Questions For Your Attorney

1. My child’s father died, and his parents are seeking custody of my child. How can I make sure that I keep sole custody? 2. I basically raised my...

How do I get full custody?

Florida law does not give any preference to mothers or fathers when deciding child custody matters. Instead, the judge’s primary focus will be to f...

What is a parenting plan?

In Florida child custody cases, the court will require the parents to submit a parenting plan for judicial approval. The parenting plan outlines ho...

At what age do children get to decide which parent to live with?

Minor children do not have the authority to decide which parent they will live with. The child’s preference can be a factor the judge considers but...

Do I need a lawyer to change the parenting plan?

A petition to modify the parenting plan will need to be filed with the court and approved by the judge. You are not required to hire an attorney, b...

What if my child does not want to stay with the other parent?

Minor children do not have the authority to decide which parent they will live with. The child’s preference can be a factor the judge considers but...

Can I change the parenting plan?

Yes, Florida law does allow for a modification of the parenting plan if there has been an unanticipated and substantial change in circumstances. Ad...

How do I establish paternity in Florida?

Paternity can be established by filing a petition to establish paternity with the court. Additionally, you can add paternity to a child support or...

How do I get custody rights if I pay child support?

Paying child support does not necessarily also include child custody rights. If the other parent is withholding custody, you may need to file a pet...

Do I need a DNA test to prove paternity?

You may not need to take a DNA test to establish paternity under Florida law. If both parents agree on who the father is a DNA test should not be n...

Will I have to attend a parenting class?

Yes, Florida law requires both parents to attend a parenting class for all divorce and custody cases involving minor children. The course is schedu...