what questions should i ask with no lawyer about custody

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?

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What to consider before hiring lawyers for child custody?

How to Get Custody with Pro Se Filing Process?

• Contact the local family court clerk. At first, visit the local family court to meet the clerk. ...
• Research on child custody laws and consider all possible options. ...
• Keep a record of child custody documentation. ...
• Don’t miss the deadlines. ...
• Be confident, be polite and be respectful. ...
• Stick to the fact. ...

How to find a good child custody attorney?

Where Do I Start?

• Stay Local. Finding a ‘custody lawyer near me’ might not seem like the most important thing. ...
• Recommendations and Reviews. If you needed to hire a cleaning service or repairman, the first thing you might do is ask your friends if they have a service they would ...
• Know Your Case. ...
• Experience. ...
• In Person Interview. ...

When you should hire a child custody lawyer?

You should hire a child custody attorney if: 1. Your case is contested in court, and you are going to trial. As I explain more fully in a prior post, you should not represent yourself in court. The American court system is so complicated that few non-lawyers are able to understand the procedures involved.

What are good questions to ask an attorney?

Ask the lawyer A number of questions arise: Can you show the tenant’s demand ... Do you know the expression “no good deed goes unpunished”? Bottom line: Consultation with counsel here also is advisable. Is the tenant’s conduct a breach of the ...

What Factors Does A Court Consider When Determining Child Custody?

Courts make child custody decisions based on what is in the child’s best interest. Typically, a series of factors are weighed. While the factors va...

What Is The Difference Between Sole and Shared Custody?

If you are given sole custody (or full custody), you have both physical and legal custody of the child. In other words, your child will live with y...

Which Parent Is More Likely to Be Granted Sole Custody – The Father Or The Mother?

In the past, many states applied the “tender years doctrine,” which favored mothers over fathers in custody decisions. However, modern custody laws...

Who Decides Upon Visitation Schedules?

Courts prefer parents to negotiate visitation schedules on their own. In fact, many states require mediation before the court will issue a custody...

Which Parent Is Granted Custody If The Couple Is Not Married and There Is No Court Order?

If parents are unmarried, their custody rights will vary from state-to-state. In some states, an unmarried mother is awarded sole legal and physica...

Can I Bring My Child With Me If I Move Out-Of-State?

Most custody orders do not allow a child to move out-of-state without the court’s permission. Before you move, you should advise the court of your...

Can I Change My Child’S Last Name from The Father’S Surname to My surname?

You cannot legally change a child’s name without a court order. Sometimes, parents will mutually agree to change a child’s last name. If your child...

Can Child Custody Orders Be Changed Or Modified?

Courts recognize that child’s needs and best interests may change over time. While some states impose a waiting period (when custody cannot be modi...

What Is Child Support and What Does It Cover?

Child support is paid to a custodial parent to help cover a child’s daily expenses (such as food, lodging, and clothing). Some states have child su...

Do I Need A Lawyer For Child Custody Issues?

Child custody cases can quickly become complicated and contentious. Most parents benefit from the help of a skilled child custody attorney or famil...

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 ...

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.

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.

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.

Is custody based on gender?

However, today, laws have been changed to be gender-neutral. What this means is that the law regarding custody doesn’t lean to one parent over the other based on their gender alone.

Can a parent have legal custody?

Parents may have legal custody, even if they don’t have physical custody. As a result, you need complete knowledge of the custody options available, such as bird’s nest custody, shared custody, sole custody, etc. An attorney can help you figure out what choice is right for your situation. 2. What Factors Do the Courts Consider When Deciding on ...

Why is it important to contact a lawyer about child custody?

First and foremost, parents never want to make their children feel guilty or like they’re to blame for a divorce. That’s why it’s important to contact an experienced family lawyer for help when custody is an issue. Here are some of the most important questions to ask a family lawyer about child custody during 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;

Why is it important to have an attorney for custody?

As many situations involving custody and child support can lead to greater disputes with serious legal consequences, an attorney can help avoid these situations as much as possible while ensuring that the child’s rights are protected.

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 are child support payments?

Some states have guidelines that they implement to determine a fair amount of support payments, while others award support based on each specific case. Child support payments are not to benefit the receiving parent, but the child. As such, these payments generally provide for: Food; Shelter; Clothing;

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.

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.

How do the courts determine who gets custody?

Contrary to what you may think, the court does not prefer to determine who gets custody of a child. If possible, the court prefers that parents work together to determine custody and parenting plans between themselves, either directly or with the help of a third-party mediator or arbitrator.

Do I need to hire a lawyer?

No. A custody agreement can be worked out directly between parents, or with the help of a third-party mediator or arbitrator. Direct negotiations can work out well if the relationship between separating parents is reasonably amicable, and if they are filing for joint custody.

How much will I receive in child support?

That’s difficult to say. State laws govern child support payments, and the laws vary greatly depending on which state you live.

What if I believe my spouse is unfit to have custody of our children?

Every state has its own rules regarding what makes a parent unfit. The first thing you’ll want to do is research the regulations in your state to see if what you deem as “unfit” behavior even qualifies under the legal definition. Substance abuse, physical abuse, mental illness, or neglect are all generally accepted criteria as unfit.

Can I move out of state with my child?

Once you’ve filed for divorce, a temporary custody order will be put in place. Whether or not you can move out of state with your child will be determined by this temporary custody order.

At what age can children choose which parent they want to live with?

Children can make their own decisions about custody and visitation when they are 18 years of age.

What is a guardian ad litem?

Guardian ad litem (or GAL, for short) is a person appointed by the court to act as an independent investigator and make recommendations as to what custody situation would be in the best interests of the child. The guardian ad litem will talk to the child, parents, family members, friends, teachers, counselors, and social workers.

What to consider when trying to win custody battle?

The other thing you need to take into consideration when trying to win your child custody battle is what your ex is going to do. It doesn’t matter how reasonable and level-headed you are, if they decide to fight dirty then you’re almost guaranteed to lose your case.

What to do when you have a child custody battle with your ex?

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. If this sounds like you, you might want ...

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).

What is the myth of child custody?

The Myths of Child Custody: Myth #1: The best parent is the one who most wants the child. This isn’t always true, as there are times when it is better to have two parents that don’t want to be with each other, but rather than fight they work together for their children’s sake.

What to teach kids during custody battle?

There are a lot of things that can go wrong if you’re going through a custody battle, but there are plenty of ways to use this as an opportunity to teach your kids valuable life lessons. This, in turn, will teach them to treat their children with kindness and respect even when they’re going through a bad period.

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.

Which state has the worst child support laws?

The state you live in or move to could decide the custody battle for you, whether it’s good or bad. Pennsylvania has some of the most stable law regarding child support and custody battles and California (yes, it is true) has one of the worst laws in this regard. A child support case can take years to settle out there!