what to ask lawyer about custody

10 Questions to Ask a Child Custody Lawyer

1. What’s your experience? Before proceeding with the attorney, make sure to ask them about whether their qualifications.
2. How is child custody determined? Child custody is ultimately ordered by a judge. When ordering child custody, a judge...
3. What’s the difference between legal and physical child custody? In the eyes of...
4. What’s Next?

Full Answer

How to find a good child custody attorney?

10 Questions to Ask a Child Custody Lawyer 1. What’s your experience? Before proceeding with the attorney, make sure to ask them about whether their qualifications. 2. How is child custody determined? Child custody is ultimately ordered by a judge. When ordering child custody, a judge... 3. What’s ...

What are good questions to ask an attorney?

Instead, the court considers the child’s wishes and concerns as well as additional factors including: • Each parent’s wishes. • Adjustment to home, school, and community. • Child’s relationships. • Mental and physical health of all family members. • Each parent’s likelihood to honor visitation rights.

How much does it cost for a custody lawyer?

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 ...

What questions do lawyers ask their clients?

Nov 25, 2020 · Whether the separation is amicable, aggressive or very emotional the amount of communication between you and your partner should be determined after that first meeting with your lawyer. Remember, client/attorney privilege laws won’t protect you in circumstances that don’t involve your lawyer. Disclosing confidential information to your ...

What are some good questions to ask a lawyer?

How much is a custody lawyer in California?

How is child custody determined in California?

Who pays attorney fees in child custody cases California?

How long does a custody battle take?

How a mother can lose a custody battle?

What do judges look for in child custody cases California?

Can a father take a child away from the mother in California?

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 are considered in a child custody case?

Some of the factors that will be considered include: The relationships between the child and each of their parents. The health of each parent that will be caring for the child.

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 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.

Does child support depend on income?

The amount of financial aid support provided will depend on the parent’s current income that doesn’t have sole custody. There are times when parents can decide on a custody agreement on their own.

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.

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 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 ...

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.

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.

Can you get indirect child support from another parent?

Although you can get indirect child support payments from the other biological parent of the child, it is not advised to do so. Indirect payments from the other biological parent are typically not enforceable and payments are subject to the whim of that party. Therefore, it is important to get a court ordered child custody ...

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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: