what to ask a lawyer about custody

^{Questions to ask about a child custody attorney's legal education and professional experience include:}

• Where did you attend college and law school?
• How long have you been practicing law?
• Are you a member of any bar associations and professional organizations? If so, which ones?
• On average, how many child custody cases do you handle annually?
• Do you frequently handle custody cases similar to mine?
• What experience do you have using mediation in child custody cases?

Full Answer

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. ...

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 ...

How much does it cost for a custody lawyer?

How much does a custody lawyer cost? Attorney fees can range anywhere from $85 to $400 or more per hour depending on the experience level of the lawyer you hire, their reputation, and their track record of success in litigating child custody cases. Some lawyers will require an upfront payment, called a retainer.

What questions do lawyers ask their clients?

Some relevant questions to ask include:

• Do you have time to represent me?
• Are there other criminal defense attorneys in your office who will work on my case? May I meet them?
• When I have questions, whom should I call? How do you prefer to be contacted? How quickly should I expect a reply?

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 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.

Why do you need to be the sole parent of a child?

Because you’re responsible for helping care for the child and when you’re not the sole parent, you’ll need to provide some sort of help to care for the child.

What to do if you and your ex-husband disagree?

If you and your former spouse have a challenging time agreeing on anything, you’ll likely have to go to mediation to decide on a schedule that works best for both parents and children. If you can decide on a schedule, then you’ll do so between yourselves.

What to do if your ex-spouse doesn't have the resources to care for your child?

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. Your lawyer will then build a case around these findings and present it in court.

What happens if your home doesn't accommodate a child?

If you’ve found that your home doesn’t accommodate a child, then you may have to take steps to make it suitable before the case begins to increase the chances of the judge ruling in your favor. ...

How to decide custody of a child?

Some states require parents to attend mediation before a court will hear the case. Through mediation or private conversations , the parents may be able to reach a decision regarding such issues as child custody, visitation and child support. The judge may give greater deference to agreements reached by the parents. However, some states do not require the judge to make an order consistent with the agreement if he or she does not believe that the agreement is in the child’s best interests or if the child support is not in line with state laws.

How Does the Court Determine What Type of Custody to Award?

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 Is the Difference in Sole Custody and Joint Custody?

The family court may order sole custody or joint 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. In some cases, one parent receives physical sole custody and both may receive legal custody. In sole custody cases, the other parent may have visitation rights with the child or supervised visitation. The non-custodial parent may be responsible for financially contributing to the child’s upbringing through child support.

What is 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. In sole custody cases, the other parent may have visitation rights with the child or supervised visitation. The non-custodial parent may be responsible for financially contributing ...

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 does the court look for in a child's home?

Courts also look at the lifestyle of each parent to determine which one would provide a better home environment for the child. The court can consider how involved the parent has been in parenting, whether each parent can cooperate with the other, the emotional, physical and financial stability of each parent and any history of domestic violence on the other parent or another member of the household.

Can you reach an agreement outside of court?

Reaching an agreement outside of court can be preferable on many levels. For example, visitation schedules can be made to specifically coordinate with the parents’ work schedule. Additionally, legal expenses tend to be less when lawyers do not have to argue the case in front of a judge.

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.

What can a lawyer do for you?

A lawyer can advise you on the ways to protect yourself and your assets. These can save you a lot of money and aggravation down the road, as your divorce proceeding continues.

Can you have multiple lawyers working on your case?

Your first meeting with a lawyer might be with a single person or multiple people, but do not be alarmed if you are told multiple people are working on your case. Different lawyers with ranging skill levels and experience will usually work on your case. Achieving a favourable ruling is a collaborative effort. Typically work is driven to the person with the lowest hourly rate who can do the work that is necessary. This may include: associates, clerks, assistants and students.

Do divorce cases need to be settled out of court?

Some divorce cases can be settled out of court, so there is not always a need for a trial.

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 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 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.

What to do if your parent is removed permanently?

But if the removal was temporary, then you need to be ready to do whatever the court requires. It could mean finding employment, drug rehabilitation, and/or therapy.