what type of lawyer do you need for a custody case

Do I need a lawyer for a custody case?

Although a consultation with an attorney should give you some solid ideas, this list might help as well. You won't want to just show up in court with your documents. All custody proceedings begin with written submissions to the court outlining your position and clearly stating what you're asking the court to order.

Why choose mymyers law firm for child custody?

Myers Law Firm has over 60 years of combined experience with family matters, including child custody cases. Our team can look at the details of your unique situation and offer assistance to address your circumstances and meets your needs.

How do I get a family law lawyer for my child?

You should look for an experienced family law lawyer (also called domestic relations attorney or lawyer) in the county/city where you live, where your child lives, or if there has been a case involving the child already you may need to file in that venue.

How are child custody cases handled in the US?

The way that custody cases are approached vary in each jurisdiction. 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.

How to handle a child custody case?

A family law attorney can help guide you through every challenge of your child custody case. Some challenges include managing: 1 Discovery: The information-gathering process. Your attorney can help you better organize the information and present it in a format that is most favorable to you. 2 Court: Your attorney can advise you on how to navigate the court system and how to conduct yourself in court during a child custody case. Since you may be dealing with a very stressful and emotionally draining situation, their guidance could be crucial. 3 Aggressive attorneys: If the other attorney is known to be aggressive in proceedings, your attorney can prepare you for that. Your attorney will also help you prepare for the type and intensity of questions that you might face from the other attorney during your mediation, negotiation or a court hearing. 4 Experts: Your attorney can also advise you about whether you should spend the money on a custody evaluator or guardian ad litem, or whether you should take other necessary steps to strengthen your child custody case.

What is custody case?

Custody cases and decisions are fraught with emotion and disagreement. They are emotionally challenging and financially challenging cases. To ensure that your interests are protected, hire an experienced family law attorney to guide you through the process.

What are the challenges of child custody?

Some challenges include managing: Discovery: The information-gathering process. Your attorney can help you better organize the information and present it in a format that is most favorable to you. Court: Your attorney can advise you on how to navigate the court system and how to conduct yourself in court during a child custody case.

Who is responsible for child support?

One parent is usually the custodial parent, and the other is typically responsible for basic child support payments and has visitation or parenting time. The order commonly addresses the child support amount to be paid as well. Because the stakes are so high, disputes over child custody and visitation and parenting time are common.

Can a family law attorney help you with custody?

Without specialized knowledge of the law, including the rules of evidence and the law itself, it is challenging to present your case to the court effectively. Attempting to do so could impact your case negatively, and as a result your ability to obtain or maintain custody of your child. A family law attorney can help guide you through every ...

Heather R McCabe

You should look for an experienced family law lawyer (also called domestic relations attorney or lawyer) in the county/city where you live, where your child lives, or if there has been a case involving the child already you may need to file in that venue. Good luck.

Evan Michael Koslow

I agree with the other attorneys. Search for a family law attorney in the county that you and/or the child resides in.

David Raymond Mahood

You need an attorney experienced in custody cases and family relations. In your case the judge will be making his or her decision based on what is in the best interest of the child. It is important that your case be presented properly to the court with all the necessary facts and best arguments.

Jeffrey P Nesson

You need a good domestic relations lawyer. If you look at the prior questions and responses here, you will see a number of very good lawyers.

Free Case Evaluation

Please answer a few questions to help us match you with attorneys in your area.

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:

Addresses for where the child lived over the last 5 years

Addresses for where the child lived over the last 5 years Your lawyer is required to report these addresses in an initial complaint for custody, but this information also provides another point of reference for the case. Your attorney is building a case to support your custody interests, and where the child has lived, and with whom, matters.

Information about any other cases involving the child

Information about any other cases involving the child Your lawyer needs to know if there are any other cases involving the child mostly because the Court, for efficiency's sake, will combine the cases if possible.

Whether you receive TANF, Medicaid or DC Healthy Families assistance

Whether you receive TANF, Medicaid or DC Healthy Families assistance Your lawyer will ask whether you are receiving any of this aid because it can impact whether your attorney suggests that child support would be an important part of your custody case.

Conclusion

Conclusion Remember, your lawyer will ask many questions, some of them rather personal, to ensure that she is able to make an argument in your favor based on all the facts. Your lawyer is not obligated to tell anyone any private information you share with him unless you specifically allow it.

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.

Do parents have to go to mediation?

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.

Can a parent have sole custody of a 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 to do when you have a child custody battle with your ex?

The first and most important thing to do if you’re going through a child custody battle with your ex is knowing why you’re fighting for custody in the first place. There are a lot of people out there who want, or need, to win their child custody cases, but don’t know exactly what they’re fighting for. If this sounds like you, you might want ...

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 happens if a non-custodial parent doesn't pay child support?

Myth #7: If the non-custodial parent doesn’t pay child support, the custodial parent loses their custody rights. This isn’t true, as it is entirely up to the court to decide how much the non-custodial parent must pay in order for them to have equal custody rights (or any at all).

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.

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 to do if you are late to court?

If you’re late, don’t show up, or don’t let your ex know where/when/for how long your taking the kids then there’s going to be an issue.

Which state has the worst child support laws?

The state you live in or move to could decide the custody battle for you, whether it’s good or bad. Pennsylvania has some of the most stable law regarding child support and custody battles and California (yes, it is true) has one of the worst laws in this regard. A child support case can take years to settle out there!

What is the main thing a court is interested in when making decisions about child custody?

When making decisions about child custody, the main thing a court is interested in involves doing what is in the best interest of your child. Judges use certain custody factors when they have to make decisions about child custody. These factors include:

What are the types of evidence in custody cases?

The Types of Evidence You Should Gather. The most common types of evidence in child custody cases include: 1. All communication with your child’s other parent, such as emails, text messages, voicemails, and letters. 2. Journals. 3. Photographs. 4.

How can a witness strengthen a case?

It is important to note that all of your potential witnesses may not be able to add to your case. Keep in mind that witness testimonies help the judge determine how legitimate your claims and allegations are in your child custody case.

When is the next custody case?

July 16, 2020. If you believe you are going to be involved in a custody case, it is important to know how to gather and organize any evidence you may need. By collecting the evidence you may need before you actually require it, you may be able to save a lot of money and vastly improve your negotiation position.

Do you have to show willingness to co-parent?

Willingness to Co-Parent – You must show a willingness to co-parent your child. When you are gathering your child custody evidence, you want to keep the above factors in mind and ensure your evidence is relevant and will support your case.

Can a court hear a voicemail from a child?

If you have a lot of long voicemails from your child’s other parent, you and your attorney will want to quickly get to the relevant portions of the voicemail. Oftentimes, it is not necessary for the court to hear the entire message . You could even anger the court if you play long messages that are irrelevant.

What can an attorney do for a child?

An attorney can also use their experience to present your case before the judge in a clear and compelling fashion and communicate with the other side so that personal emotions don’t get in the way of what’s best for your child.

What is the impact of child custody?

A child custody case can seem like a maze of legal paperwork, court dates, and visitation schedules; missing even a single detail in any of these areas can have a negative impact. Simply put, your relationship with your child is too important to risk letting that happen in a child custody case.Instead, you should look for an experienced family law ...

Is divorce hard to handle?

Posted by Matthew Myers on June 15, 2016. When you’re going through a divorce, it can be hard to handle the stress and emotional turmoil. Often, the legal aspects of divorce tend to get tangled up with the emotional and personal issues that led to the end of the relationship, and arguments over child custody only complicate the situation further.

What is a non-custodial parent?

A non-custodial parent who's trying to get custody can utilize this information in court to prove a continuous and meaningful relationship with the child. A custodial parent might use a log of visitation schedules to prove the lack of a continuous relationship between the child and the child's other parent.

What to include when your child is injured?

Your Child's Records. Consider including your child's report cards and other written documentation from others showing how well they have done while in your care—or vice versa. If your child is repeatedly injured while in their other parent's care, including doctor reports and emergency treatment records.

What does it mean when your ex doesn't have a close relationship with your child?

Courts tend to take a very dim view of a parent who tries to curtail or impede the child's relationship with the other parent. A lack of regular phone contact (such as only a few times a year, or only on birthdays or holidays) may indicate to the judge that your ex doesn't have a close relationship with the child.

Can a trained professional visit both parents?

A trained professional will meet with your child, usually repeatedly, and may visit both parents' homes, as well. It's the professional's job to report back to the court with a custody recommendation. 1. You don't have to wait for the judge to order one, however.

Can a judge review a child's custody papers?

You must receive a copy of the paperwork they gave the court—that's the law. Read it over carefully.