what will a lawyer do in a custody fight on my behalf

by Dorothea Kshlerin 4 min read

The other side will fight just as hard as you for custody. To have someone who can counter their claims and show legal cause for your position is usually be the difference in winning or losing. The biggest advantage of having a lawyer handle your custody case is they’re trained in all the appropriate laws.

Full Answer

Why hire an attorney for a child custody case?

Sep 28, 2021 · Child Custody lawyers fight your case on your behalf and will advocate for you in the mediation process with your ex-partner. They’ll guide you through all the paperwork, will help you become the primary caretaker of your child after your divorce/separation, and …

How to get legal help to solve the issue of child custody?

Jul 03, 2021 · How to Fight and Win a Custody Battle. 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.

How to get free child custody lawyers?

If your case is complicated, crosses jurisdictions, or if your ex is attempting to limit your contact with your child, your lawyer can fight for the type of custody agreement that you are seeking. Additionally, if the court is requiring you to take classes or participate in treatment, you are already at a disadvantage, and a child custody lawyer can help you navigate the court system, while …

Should I fight for custody?

Sep 18, 2019 · It takes someone experienced in custody battles to prepare witnesses to testify effectively. You also might present an expert witness to discuss an aspect of your case. A lawyer will know how to find the best expert and coordinate their court appearance. You, …

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How do you win a custody battle against a narcissist?

How Do You Win a Custody Case Against a Narcissist? Follow These 9 Steps#1 Remember That You Are Dealing With a Narcissist. ... #2 Take Note of Everything That Happens. ... #3 Stop or Limit Communication. ... #4 Contact Law Enforcement. ... #6 Ensure Your Physical Safety. ... #8 Continue Being Dependable. ... #9 Secure the Right Attorney. ... Stay Calm.More items...•Mar 16, 2021

How do you communicate during a custody battle?

Avoid phone conversations. If you and your ex are not on good terms, then it is best to communicate in writing. Phone conversations open the door to impulsive statements that incite conflict. You should only call your ex on the phone in an emergency. It is better to communicate via text or email.Apr 5, 2016

What kind of questions do you ask a narcissist in child custody?

Examples of Questions an Attorney Might Ask a Narcissist During a Custody ProceedingHow many children do you have with (former spouse or partner's name)?Do you want to be in your children's lives?Since you want shared custody, what will that mean to everyone involved?Sep 26, 2019

What is poor co-parenting?

Bad-mouthing the other parent in front of your child or in their hearing. Directing negative non-verbal communication at the other parent in front of your child. Exposing your child to conflict between you and their other parent, whether in-person or on the phone.Aug 15, 2018

Can you co-parent without talking?

Co-parenting without talking, while not ideal, is definitely possible. But it does require mutual commitment, diligence, and respect. For parents who can't get past their mutual animosity and can't make co-parenting work, alternatives like parallel parenting may be worth considering.Nov 23, 2019

How do you expose a narcissist in custody?

Getting a narcissist to reveal themselves in court may be as easy as allowing them to talk about what a great parent they are to their children. Let them talk about how they spend time with the children doing homework, taking them to practice, and riding bicycles.Apr 20, 2021

How do you prove a narcissist in court?

Key Takeaway About Beating a Narcissist in Family CourtDocument everything with facts, dates, and copies of any communications.If other people witnessed your spouse's behavior, tell your lawyer immediately.Remain calm during each court appearance or meeting involving your spouse.More items...•Mar 16, 2021

How do you prove narcissistic abuse?

12 Signs You've Experienced Narcissistic Abuse (Plus How to Get Help)False perfection.Doubt from others.Smear campaigns.Isolation.Freezing.Indecision.Self-blame.Physical symptoms.More items...

1. Do everything you can to settle out of court

Going all the way to trial in a custody battle is exhausting and expensive. Plus, you never know what a judge is going to do.

2. Consult with experts before you start a war

Don’t even think about waging a custody war on your own! This is not Court TV. The stakes are high and the fight is long and complicated. Do not try to do this on your own.

3. Dial down the drama

When parents fight, children suffer. I have seen well-adjusted, straight “A” students start flunking out and doing drugs after their parents started fighting over them in court.

4. Do your best to be objective

Is the custody that you are fighting for (whether that is joint custody or sole custody) really going to be best for your kids? Is there any way you can compromise without putting your children in the middle of a war?

5. If you are going to fight, do it for the right reasons

Protecting your kids from an abusive parent is a good reason to engage in a custody battle. Fighting about custody to gain leverage over your spouse in the money issues of your divorce is not.

6. Control Yourself

While you are going through a custody battle, you will be living your life under a microscope. Everything you do can potentially make a difference in your case.

7. Support your kids

No matter what is going on in court, you have an obligation to support your children. Period. Full stop.

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 ...

What does it mean to let negative feelings lead to?

Letting any negative feelings lead to destructive behavior or poor judgment on your part is a quick way of painting yourself in a negative light before the judge and putting yourself at a huge disadvantage in court. With that in mind, we’ve drawn from our years of experience with family law cases and compiled a list of seven things you should ...

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 can an experienced lawyer do for a child custody case?

An experienced lawyer can assist a client with making a modification to the custody agreement, which will also ensure that the person does not violate any conditions of the agreement. Other complex issues that child custody lawyers deal with, are legal situations that involve international or interstate custody disputes.

What does it mean to have a lawyer handle child custody?

Missing an important court appearance, or not filing paperwork in time can cause serious problems for an individual, and having an attorney handle the details provides a peace of mind that is essential when coping with child custody. Another key factor in the job description of what child custody lawyers do, is that they represent their clients in ...

How is custody of a minor resolved?

Now more than ever, custody issues are being resolved through the use of parenting agreements that are made binding by the court. Life happens, and sometimes these agreements need to be modified in order to accommodate changing schedules, home locations, or other issues that may present while the child is a minor.

What does a child custody lawyer do?

Another key factor in the job description of what child custody lawyers do, is that they represent their clients in court. Most people are unaware of the laws pertaining to their child custody case, but an experienced lawyer knows and will fight for a reasonable outcome for their client. Because emotions can run high in custody cases, ...

Why is it important to have a lawyer for child custody?

This is an important point, because having an unbiased representative negotiate and advocate for you, while staying level-headed is a valuable attribute for a successful agreement.

Why is it important to have an attorney for an ex?

In cases that the person’s ex has hired an attorney, it is important for the individual to be fairly represented. Without an attorney, the person will be at a disadvantage, and it could put them in jeopardy of not obtaining a reasonable outcome.

Can an attorney help with animosity?

Having an attorney handle the legalities of court proceedings, as well as representing you in mediation or in court is also very helpful.

What is the advantage of having a lawyer handle custody cases?

The biggest advantage of having a lawyer handle your custody case is they’re trained in all the appropriate laws.

What is the goal of a child custody case?

Your goal is anything that helps you build a winning child custody case. Another point to consider is how you respond to pressure. The court requires all who appear to remain calm and behave reasonably. Custody battles are very emotional. If you lose your temper quickly or overreact, you shouldn’t represent yourself.

Why is a thorough investigation necessary?

If you’ve seen any legal proceeding, you know a thorough investigation is vital to uncover the relevant facts. An investigation takes time, and there are many things to consider in a child custody case. Every lead should be developed before you go to court. Most of us aren’t trained detectives.

What is a familiar process?

Familiar Process. Your lawyer will be familiar with the other parties involved. They may be aware of recent rulings or decisions by the assigned judge and use that to formulate the best strategy. They may have faced the opposing attorney and know what tactics to expect.

What is the court system?

Court System. The court system is a complicated maze of documents, hearings, judges and other details you must handle with precision and timeliness. Paperwork must be completed correctly and filed on time and to the right place. Hearings are scheduled and mandatory. They’re difficult to reschedule.

Is divorce expensive?

Divorce and splitting up a home can be very expensive. When you add the cost of a child custody battle, you look for somewhere, often anywhere, to cut your expenses. And since no one knows your child better than you do, you should represent yourself in court. Right?

Can emotional commitment cause you to lose focus?

But your emotional commitment could cause you to lose focus if you represent yourself. Even if you choose an uncontested divorce, your children and their custody bring up a completely different depth of feeling. The other side could use your emotionalism to rattle and confuse you.

What does a judge consider in a custody case?

A judge will consider each parent’s ability and efforts to facilitate the parent-child relationship. If you want to succeed in a custody case, show a judge how you facilitate parent-child visits and support your child’s family relationships.

What do judges consider when making custody decisions?

Judges consider numerous factors when making custody decisions, however, a child’s best interests are always the central focus. Some parents are surprised to learn that a boyfriend or girlfriend they love and trust can harm their chances at obtaining the custody plan they want.

What to do if you are unsure about custody?

A good attorney can take a lot of the stress out of your custody case and help keep you on the right track.

What does it mean when a judge finds out about your home?

A parent’s ability to provide a stable, clean, and nurturing environment is essential. If your new boyfriend or girlfriend poses any risk of harm to your child, a judge may find that your home isn't a suitable choice. A significant other’s live-in children might also impact a judge’s decision. A judge will want to ensure ...

Is lying to a judge considered perjury?

Most judges have a way at getting to the bottom of a story and finding out the truth. Lying to a judge or officer of the court is considered perjury . If you lie in your custody case filings—or on the witness stand—you lose all credibility and may lose custody as well.

Can an ex move without court approval?

Your ex—and the court—should be able to reach you easily throughout the custody proceeding. For example, a custodial parent can’t relocate without court approval. Additionally, many temporary custody orders require a parent to notify the other parent before leaving town.

Can a live in partner be considered a custody issue?

But a live-in partner’s criminal, medical, or family history can quickly become an issue during your custody case, since that person will also live with your child. A judge will always consider a parent’s living arrangements as part of evaluating custody.

What if I get a bad result in juvenile court?

What if I get a bad result? Well, the good news is that, at the juvenile court level, you can automatically appeal your result to the circuit court, so long as you note your appeal within a certain period of time – double check with the clerks in your local court on this rule, as some courts vary.

What is initial appearance?

So, if it’s just your initial appearance, you don’t need to panic as much. An initial appearance is when the judge is going to figure out what the issues are, maybe appoint a Guardian ad litem, and then set the matter for a contested trial. You’ll have a chance to hire an attorney after the initial appearance and before the trial date. You can ask that the trial date be set out so that you have time to retain counsel and your new attorney has time to prepare and familiarize herself with your case. So, take a deep breath. If it’s just an initial appearance, you’re okay.

Can you file for divorce and divest jurisdiction?

You can file for divorce and divest jurisdiction up to the last possible second. Once your divorce is filed, the custody case can no longer be heard in the juvenile court.

Can you show up for a custody trial?

If you’ve already been to your initial appearance, chances are you’re going to your custody trial. If you haven’t hired an attorney yet, you can show up and ask for a continuance – but it’s risky. There is always a chance that the judge will move forward without granting your continuance.

Can a divorce case be heard in juvenile court?

Once your divorce is filed, the custody case can no longer be heard in the juvenile court. You could actually do this on the exact same day as your custody case – sometimes, that does happen. It might not be the nicest thing in the world, but…it certainly happens.

Is custody a scary thing?

Custody cases especially are particularly scary , and there are a lot of moving parts. The best thing you can do is make sure you understand as much as possible about how custody cases work and what’s involved, so that you don’t wind up in a difficult position.

Can a judge move forward without granting a continuance?

There is always a chance that the judge will move forward without granting your continuance. You can ask, though – after all, it never hurts to ask. As a pro se litigant (a person showing up to represent herself without an attorney) you stand a better chance than most.

What is the best way to help a child with custody?

Government Agencies. Government agencies are also helpful body to help in case you have an issue with child custody. Government agencies work on free for low-income families. They also provide low-cost legal help, which can be very important to get a side of the child custody.

Why is child custody important?

Child custody is really an important issue for both parents. The court might issue an order that ensures a better and safer future of the child. When you will face a child custody case, it is really important to consider some important factors.

Why is divorce so painful?

Divorce is really painful to hear because it is the process of termination of marital status. It is also more painful when the spouse has a child. The child has to go through a very critical stage for the divorce of the parents. However, there is a common question which is after divorce where the child will stay. Both parents may want the ruling of the child’s custody. But the court will do what works best for the child. The child will truly lead a normal life with parenting care and be a good human being. It is expected by all.

What does it mean to have custody of a child?

What Does IT Mean Child Custody. Child Custody is a legal term which is used in the family court in the case of divorce. Child custody is broadly defined as fixing the guardianship of a child until 18 years old. However, divorce is the termination of the marital status of the spouse.

What is child custody legal aid?

Child Custody legal Aid is a type of legal help that can be possible to gain for low-income parents. The child custody dispute may not go for the side of the parents according to the court verdict. But low-income parents can get more legal support from child custody legal aid. The legal aid is available in every state where the low income can get legal help from them. The legal aid justifies the parent’s low income, the complexity of the case and manages to provide legal support to make sure the child custody dispute can be settled in a fair way.

What is free legal advice?

Free legal advice family is a nonprofit organization which is available in your state. They resolve different types of complicated family-related issues such as divorce and child custody. When you need extended research or much information in the area of child custody, you may get family law advice free online. After contact with them, you may also visit their office. It is a helpful place for parents who are really low income.

What can an expert witness do?

An expert witness can recommend what more can be done for a better future for the children. Therefore, his recommendation is really important in this case. These factors can be a special consideration in a child custody issue. The court will do everything to make sure a better future.

Why do parents seek a custody modification?

For example, a parent may seek a custody modification on the grounds that other parent refuses to give a child their prescribed medicine. Or a parent to a child with a chronic medical condition may request a change in physical custody because of the parent’s proximity to top medical care.

What is a custody order?

A typical custody order will address which parent pays for health insurance, how parents will split medical costs and bills, and whether one or both parents will have the final say on major medical decisions. If your child has an existing medical condition like asthma or a heart condition that requires a future surgery, ...

What are some examples of a change in circumstances that may warrant an adjustment to custody?

Some examples of a change in circumstances that may warrant an adjustment to custody include: the court’s termination of one parent’s rights since the last custody order was issued. Ultimately, a court will assess a child’s best interests and each parent’s ability and willingness to meet that child’s needs.

What to do if you have a child with another parent?

Alternatively, you may need to report the other parent’s conduct to the police or your state’s child welfare agency. An agency will need to conduct an investigation, which takes time you may not have in an emergency. As a parent, your child’s well being should be a top priority.

What to do if your child has a heart condition?

If your child has an existing medical condition like asthma or a heart condition that requires a future surgery, you may want to plan ahead and address future costs and procedures . For example, your order could state that both parents agree to pursue a specific heart surgery for the child’s condition.

Can you rush your child to the ER?

Even if you don’t have legal custody of your child, you still have the right to rush your child to the ER or call an ambulance in an extreme emergency. However, in emergency situations where you don’t have access to your child and the child’s other parent isn’t providing medical care, you may need a court to take action.

Can a parent have joint custody of a child?

Parents can share legal custody of their children (called “joint legal custody”) or just one parent can have legal custody (called “sole legal custody”). A parent with sole legal custody controls all decisions involving the child, including the child’s medical treatments.

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