what questions to ask a custody lawyer when your not married or living together

Exceptional child custody lawyers should respond by asking about your previous case. This includes: how much time you currently spend with your children; when the initial decision was reached; whether it was made by the judge, or through an agreement; and why you want to make a change.

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What are the most common child custody questions?

In addition to issues specific to your circumstances, the following questions can help you gain a clearer understanding of what you should do and how an attorney can help you: Are My Custody Rights at Risk? First and foremost, you need to determine if your custody rights are at risk. If the other parent threatens your right to custody or time with your child, the most important thing …

Do I need a lawyer for a child custody case?

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 should you not do in a custody case?

The court may consider factors specific to the child, such as the child’s age, sex and development. The court may also consider how close the child’s bond is to each parent and to siblings. If the child is old enough, his or her preferences may be considered by the court. Courts also look at the lifestyle of each parent to determine which ...

How can I prepare for a custody dispute?

Does dating affect custody?

Whose last name does baby take if parents are not married?

Can you have children together but not married?

How do you win a custody battle against a narcissist?

Who has legal rights to a child if not married?

What are fathers rights if not married?

Do unmarried parents have equal rights?

How a mother can lose a custody battle?

What do you call living together but not married?

Do judges recognize a narcissist?

Should a narcissist get 50 50 custody?

What triggers narcissistic rage?

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...

The Rights of Unmarried Parents Who Are Both Legal Parents

If both of you are legal parents of the child—either because you are both biological parents, because you have jointly adopted your child, or becau...

Legal Rights of Nonlegal Parents

Where only one person in an unmarried couple is the legal parent (for example, you came along after your partner’s child was born and did not adopt...

Parenting Agreements For Children of Unmarried Couples

Because unmarried couples don’t get divorces, judges and lawyers aren’t necessarily involved in the child-raising issues. Unmarried couples can mak...

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 ...

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:

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 ...

How to get custody of a child if you are married?

Divorce: If you are married to the person and you are seeking to be granted primary custody of a child you had while married to that person, you should first file an Original Petition for Divorce. In that petition you may also include a request for child custody and child support. In fact most states require that all child custody ...

Can a court deny custody of a child?

Therefore, if the other parent is involved with and loving towards the child, then it is unlikely that a court will deny them any sort of custody rights to their child. If this is not possible, then you may need to take legal action.

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.

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 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.

Does one parent's custody affect child support?

Typically, the amount of one parent’s custody will not affect the amount of child support, so long as one parent has primary custody of the child. Therefore, unless your custody order is for split custody, where each parent has essentially 50% possession of the child, one parent will normally be ordered to pay a state guideline supported amount of child support.

What happens if you don't follow court orders?

Not following the Court order may result in you being held in contempt of court.

What does the court consider when awarding custody?

Generally, the court will consider the best interests of the child when determining to whom and in what manner to award custody. The factors that the court looks at are usually based on a family law that specifies relevant factors or case law in which judges have stated in past cases what factors can influence their decisions.

What factors are considered in a child custody case?

The court may consider factors specific to the child, such as the child’s age, sex and development. The court may also consider how close the child’s bond is to each parent and to siblings. If the child is old enough, his or her preferences may be considered by the court.

What is sole custody?

Sole custody is when one parent has nearly all of the rights and responsibilities related to raising the child. Some states differentiate between physical and legal custody. Legal custody means the right of the parent to make decisions for the child.

What is joint custody?

Custody. In many states the court will order that both legal parents retain custody (sometimes called joint, or shared, legal custody). This means each parent has equal authority over the key decisions in the child's life (such as education and medical care), as well as a legal obligation to care for and support the child.

Can an unmarried couple get divorced?

Because unmarried couples don't get divorces , judges and lawyers aren't necessarily involved in the child-raising issues. Unmarried couples can make their own parenting agreements covering child support, custody, and visitation issues, either on their own or with the help of a mediator or family law counselor.

What happens if you don't pay child support?

If support isn't paid voluntarily, the parent with custody or someone acting on the child's behalf (such as the welfare department) can sue the noncustodial parent to obtain a court order setting the amount of child support the noncustodial parent must pay.

How long does a child have to live with one parent?

Physical custody (where the child lives) is typically shared, with the child spending some days or weeks with one parent and living with the other parent at other times. In other states the court will award both parents "joint legal custody," but stipulate that one parent will be the "primary physical custodian.".

Can you dispute paternity?

Disputed paternity may occur when the couple has no relationship, and paternity tests might also be used in cases where more than one man can be the biological father. If you are legally designated as the father then, under law, you have the same custody rights as a married father, but many people do not know this.

Can a father's name be on a birth certificate?

There is no such presumption if the parents are not legally married. Thus, it’s very important to ensure that the father’s name is on the birth certificate. There are also legal forms that allow a man to acknowledge paternity as long as both partners agree as to who the father is.

Is mediation good for a relationship?

Mediation is often a good idea even for couples who are on good terms, as emotions tend to run high, and a mediator can help you see past your own feelings and to the interests of the child. If you are not on good terms, then things can get much trickier.

What is the presumption of paternity?

Presumption of paternity protects both parents and children when donor sperm is used to overcome a fertility problem, and in most states presumption of paternity extends to same-sex couples, meaning that a woman can be considered a parent to her partner’s child if they were married at the time of conception and birth.

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:

What is the number to call for child custody?

If you’re looking for an attorney to represent you in a custody case, even if you are not married, call (865) 685-4780 to schedule a case assessment with Margaret Held or another Held Law Firm attorney. Categories. Child Support. Child Custody.

Can a father's name be on a birth certificate?

Dad’s name will go on the birth certificate, and the parents can move immediately to the next step. If this is the case, determining custody when parents are not married is relatively simple.

What is mediation in parenting?

It’s a great opportunity to lay out the ground rules for your relationship as a parent, especially if you are no longer romantically involved. During mediation, you will explore different and creative options to spend time with and support the baby.

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.

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 child be born to an unmarried mother?

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

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.

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.

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.