what questions to ask a lawyer about custody

^{Questions to Ask Before Hiring Child Custody Lawyers}

• Background Questions for Custody Attorneys. Where did you attend college and law school? How long have you been practicing law? ...
• Legal Philosophy & Style. You'll want to ask about the custody lawyer's style and approach to practicing law. What is your approach or philosophy in handling child custody cases?
• Assessment of Your Child Custody Case. Get the lawyer's assessment of your case. What is your opinion and assessment of my child custody case?
• Case Management. Are you available to handle my child custody case? Will you personally manage my case, or will another attorney be responsible for it?
Legal Fees. How much do you charge for your services? How frequently do you send out bills? When will payment be due?
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 ...
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 ...

Full Answer

What to consider before hiring lawyers for child custody?

Questions to ask your child custody attorney. 1. Is there a difference between legal and physical custody in New Jersey? The term “child custody” is often used to refer to both legal and physical custody, but they’re technically two separate things. Physical custody refers to where the child lives or spends the majority of their time.

How to find a good child custody attorney?

• Each parent’s likelihood to honor visitation rights • Each parent’s record of making on-time child support payments • Each parent’s criminal history as it pertains to abuse or neglect • Each parent’s intention to remain in the state Is It Possible to Modify Our First Custody Plan? Yes, changing an existing custody arrangement is possible.

When you should hire a child custody lawyer?

Sep 29, 2021 · Questions to Ask a Child Custody Lawyer. Child custody is probably the most disputed element of any divorce proceedings because it determines how parents will raise their child and can determine a child’s well-being for the rest of their life. Here at Brighter Day℠ Law, we take child custody and visitation cases seriously.

What are good questions to ask an attorney?

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. In some cases, one parent receives physical sole custody and both may receive legal custody.

What should I ask for in a child custody agreement?

Your agreement should contain:A custody and visitation schedule (including a holiday schedule)Parenting provisions.Child support information.Anything else that will help you and the other parent raise the child.

What do judges look for in child custody cases?

The child's age, gender, characteristics and background will all be a factor in the decision process. The judge or magistrate will want to ensure that the child is safe from any possible harm and the parent has the ability to meet the child's needs.

What are some good questions to ask a lawyer?

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

Are fathers entitled to 50/50 custody?

Parents commonly choose 50/50 custody when they reach an agreement, and it can also be ordered by a court following trial, if appropriate.

How do you impress a judge in family court?

Child Custody - Impressing the JudgeBe willing to work with the child's other parent. ... See your children whenever possible. ... Don't involve your children in the court case. ... Don't put the children in the middle. ... Perception is everything. ... Hire an experienced child custody lawyer.Mar 16, 2020

How do I prepare for an attorney interview?

If you are interviewing virtually, all of these tips apply.Do your research. Lawyers are known for being good researchers. ... Be presentable and dress your best. ... Come prepared to ask questions. ... Be personable and show enthusiasm. ... Be genuine. ... Promptly send a thank-you note.Oct 28, 2020

What are 3 questions you should ask a lawyer before hiring?

Below are ten questions to ask your potential lawyer.How long have you practiced law? ... What type of cases do you generally handle? ... Who is your typical client? ... How many cases have you represented that were similar to mine?More items...•Apr 13, 2018

What do most lawyers charge for a contingency fee?

What is the Standard Contingency Fee for an Attorney? The standard contingency fee for an attorney is a percentage amount rather than a fixed amount. Most personal injury lawyers charge 33 1/3 percent if the case settles without filing a lawsuit and 40% if a lawsuit is filed. Most employment lawyers charge a 40% fee.Jan 23, 2018

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 ...

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:

Why is it important to understand the things that a judge will consider when ruling in a child custody case?

These factors are considered because the judge wants to decide in favor of what’s going to best for the children involved in the case.

When filing for divorce, do you have to rotate your wishes for custody?

When you’re filing for divorce written into the petition for divorce, you’ll need to rotate your wishes for custody of your child. Another way to file for custody is during a legal separation. This is when you’re not married to the person you’re separating from, but there is a child that the two of you share.

What are the factors that affect a child's development?

Some of the factors that will be considered include: 1 The relationships between the child and each of their parents 2 The health of each parent that will be caring for the child 3 The increasing developmental needs of the child 4 The emotional needs of the child 5 If each parent provides a stable environment for a child 6 Whether there are signs of abuse 7 The ability of each parent to care for the child

What does child support cover?

If you request your child’s financial support, it’s known that the money will cover food, shelter, and other necessary items about the child’s well-being. Child support will be awarded in monthly installment to the parent that has sole custody of the child.

What happens when you file for separation?

Once you file for separation, you’ll file another suit seeking custody of the child involved. A paternity action suit is a step a father needs to establish that he is the child’s biological father. Once paternity has been proven, he can then move forward with filing a suit for custody rights. 7.

Can a father get sole custody of a child?

In other states, if a father presents a strong case against the mother showing her incompetence at parenting, then the father can receive sole custody. When heading to court, if you feel your ex-spouse doesn’t have the resources or capacity to care for your child, you’ll need to provide this information to your lawyer.

What is the focus of child custody cases?

The focus of every child custody case is for the court to establish what’s in the child’s best interests when deciding custody and visitation arrangements. Colorado law encourages frequent and continued contact between parents and minor children. Mostly, courts begin their evaluation by presuming that joint custody is the best option, ...

Why is child custody important in divorce?

Child custody is probably the most disputed element of any divorce proceedings because it determines how parents will raise their child and can determine a child’s well-being for the rest of their life. Here at Brighter Day℠ Law, we take child custody and visitation cases seriously. We understand the emotional stress ...

What is the child's wish?

The child’s wishes if he or she is mature enough to express reasoned and independent opinions regarding parenting time; The interaction and relationship between the child with their parents, siblings, and any other person who may significantly affect the best interests of the child;

What is the Colorado parenting time law?

Apart from the child’s best interests, when deciding parenting time, it’s crucial to note that Colorado law prohibits courts from considering: The conduct of either party that doesn’t affect the minor children, or. A parent’s sex.

What to do if you have children after divorce?

If you’re going through a divorce or you’ve separated from your ex, if you have young children, you must consider custody arrangements. Sometimes parents can work together amicably to determine the best custody arrangement for their children.

What is APR in Colorado?

Instead, Colorado courts use the term parental responsibility, which can either be joint or primary. Allocation of Parental Responsibilities (APR) is the process that determines parenting rights and responsibilities during child custody and visitation rights cases.

Do children have to live with their parents?

Otherwise, the child will have to live with the other parent, even though they don’t want to. Courts always rule in favor of the child’s best interests, no matter what the child wants or doesn’t want. However, older children may sway the court’s decision.

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 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;

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 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.