what should i know before i see a custody lawyer?

by Stephon Feil 8 min read

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.

Important references to obtain on child custody attorneys include:
  • Asking friends and family members.
  • Seeking advice from court clerks at the court office.
  • Inquiring of other parents, strangers included, who currently have cases at the child support office.
  • The state bar association can pass on referrals.
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Sep 17, 2020

Full Answer

How do I find a good child custody attorney?

The lawyer may want to see: The child’s birth certificate, Any existing custody orders or parenting plans, Information about the child’s safety and welfare, Information about the other parent’s ability and willingness to parent, and Any relevant communications between you and the other parent.

What should I expect at a child custody hearing?

The child custody attorneys will find it helpful if you bring several documents with you, such as: If your spouse or children's other parent has been violent with you or the children, any documentation that supports those claims, such as police or medical reports A prenuptial agreement if you have one

What do you need to know about a child custody agreement?

If you've never before hired a custody attorney, the process may seem foreign or intimidating. Actually, it can be boiled down to three simple steps: Gather the names of child custody …

What should I do to prepare for my child custody case?

 · Parents who hope to win child custody must behave appropriately in court or risk losing custody. Discuss proper courtroom etiquette with your lawyer to get a better …

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Gathering Documents to Show to a Child Custody Attorney

The child custody attorneys will find it helpful if you bring several documents with you, such as:

Questions to Ask

It's helpful to collect your thoughts before you head out to your first initial consultation with a child custody attorney. Write them down on paper and bring them with you. You don't want to forget to ask something. Also bring some writing material so that you can jot down the answers.

Your Ideal Child Custody Lawyer

It is a worthwhile practice to consider what qualities your ideal child custody lawyer would have. That way, you'll recognize the right one when you meet. Here are some qualities to consider:

What to do if your child custody agreement is not effective?

If the agreement between you and your attorney is no longer effective or does not meet your needs, release the attorney from his or her duties and begin a new search for a new child custody attorney.

What is a court appointed attorney?

A court-appointed attorney will serve to represent the single parent, in the same way as a paid attorney. The county family court will maintain a network of pro bono attorneys to assist with child custody cases.

Can an attorney practice law in a state where their license has been suspended?

Additionally, an attorney cannot practice law in states where their license has been suspended. Asking around town. If single parents live in a smaller community, there's a good chance that an attorney's reputation will be well known in that particular community.

Should single parents interview for child custody?

It's important for single parents to interview a potential child custody attorney before hiring them. Some questions to ask are surrounding:

Can single parents ask for an attorney?

If single parents live in a smaller community, there's a good chance that an attorney's reputation will be well known in that particular community. Parents can inquire about an attorney with someone else or multiple people in the community.

7 Questions to Ask to Find the Best Child Custody Lawyer for Your Needs

A good lawyer will welcome your questions, so don’t be afraid to ask. In fact, most lawyers got where they are today by asking tough questions. You can ask anything you’d like, but here are a few questions to get you started.

Do You Need to Find a Child Custody Lawyer in Stockton?

If you’re looking for the best child custody lawyer for your needs, we will be happy to answer your questions and help you make the right choice. Call us at 209-910-9865 to schedule your consultation with an attorney today.

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 do you need to know about child custody?

Child custody laws vary from state to state, 1  so one of the first things you need to do is become familiar with the laws in the state where your custody hearing will be held. Reading the fine print can be tedious, but it will help you to find out for yourself what you're up against before attending the hearing.

What to expect in advance when seeking custody?

Parents seeking to win custody should know what to expect in advance so that they can best be prepared and anticipate each step of the process. One detail that many people don't know is that child-custody cases are not heard before a jury; that's reserved for criminal or civil cases.

How many chances do you have to make a good first impression on a judge?

You only get one chance to make a good first impression on the judge. Before they hear your case or even know your child's name, they will form an opinion of you based on your appearance. So talk to your lawyer about what to wear to ensure you present yourself in the very best light.

How to win custody of a child?

Parents who hope to win child custody must behave appropriately in court or risk losing custody. 2  Discuss proper courtroom etiquette with your lawyer to get a better understanding of what's expected, as well as any pitfalls—like emotional outbursts or accusatory statements—you need to avoid or be on the lookout for. If possible, do some roleplaying with your lawyer in advance.

How to prepare for child custody hearing?

To best prepare for your child-custody hearing, be sure to find out what courts in your state are looking for and consult with your lawyer about how to show yourself to be the best caregiver for your children.

What is the better parent standard?

The better-parent standard comes into play when a parent requests sole custody. Essentially, the judge has to be convinced that one parent is better than the other, which can be difficult to prove. 1 

Can you win custody hearing?

However, with just a little advanced planning, you can present a convincing case and win child custody. In addition to working closely with your child-custody lawyer, use the following tips to prepare for your custody hearing .

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.

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.

Who pays child support in a state?

Each state typically has a guideline child support amount that the party that does not have primary custody of the child, the noncustodial parent, is ordered to pay the party that primarily cares for the child, the custodial parent.

Do you have to give visitation if you are demanding child support?

However, you are not required to allow visitation if the court did not demand it. You do not have to give visitation if the other parent is demanding it, especially if they are threatening to withhold child support. Instead, the other parent should file for visitation.

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 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.

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 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 is physical custody?

It means that your child lives with you more than they live with the other parent.

Is court case stressful?

Court cases are very stressful to children (even though they have no idea what’s going on) and too much stress can lead to many child hood issues like depression, anxiety or even delinquency later in life. Myth #2: The best parent is the one with custody. Again, not always true.

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.

Do children need two parents?

Children need two parents, not one. If you’re winning, don’t stop fighting at the end thinking the battle is over; it isn’t until a judge says so.

Can an attorney cross examine a child?

It can be really easy for a cross-examining attorney, or an angry or bitter ex to try to make you look bad in front of your kids. The judge is going to see right through this, but it’s easy to control the damage when your kids are being bickered back and forth; they’re hearing a lot more than what is actually being said.

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References

Interview

  • It's important for single parents to interview a potential child custody attorney before hiring them. Some questions to ask are surrounding: 1. Personality and Style - A single parent wants to ensure that an attorney's personality and style matches his or her own. It doesn't have to be exactly the same, but a single parent should find the attorney ...
See more on verywellfamily.com

Pro Bono

  • If a single parent cannot afford a paid attorney, he or she may qualify for a court-appointed attorney. A court-appointed attorney will serve to represent the single parent, in the same way as a paid attorney.
See more on verywellfamily.com

Resources to Investigate The Attorney's Reputation

  • There are several resources that a parent may use to check an attorney's reputation, including: 1. Checking the attorney directory in your state. The attorney directory will let a parent know if an attorney is in good standing with the state bar or if their attorney's license has been suspended and if so, the reasons for suspension status. Most states require attorneys to reveal that inform…
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Fire A Child Custody Attorney Who Isn't Meeting Your Needs

  • Don't worry about making a mistake. If the agreement between you and your attorney is no longer effective or does not meet your needs, release the attorney from his or her duties and begin a new search for a new child custody attorney. For more information about finding good attorneys, parents should refer to additional resources on child custody lawyers or a parent can speak wit…
See more on verywellfamily.com