what you need before seeing a custody lawyer

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

Full Answer

Do I need a lawyer for child custody?

Whether you need a lawyer for child custody depends largely on whether you and your spouse can agree. Some parents can work out a parenting plan or child custody agreement on their own, peacefully, while others will fight for what they believe is fair and right for their child.

What should I Ask my Lawyer in an interview?

This will tell your lawyer exactly what you are hoping for from him or her. (For example, "I want sole custody of my daughter because I think my husband is a danger to her" or "I want to sue my former employer because I think it wrongfully terminated me.")

How do I negotiate child custody with the other parent?

The attorney you hire can also negotiate on your behalf with the other parent. Even if you can decide on custody amicably, your attorney will help you with the paperwork and filing for the case.

What kind of evidence do I need to bring to court?

Obviously, the nature of the evidence will vary dramatically from one type of case to another. As you prepare to meet with your lawyer, try to locate any of the following that might apply to your case: correspondence (letters, emails, or text messages between you and the other party or otherwise relevant to your dispute)

What to do if you are facing a custody case?

If you are facing a challenging custody case and feel unsure about defending yourself, you should consider hiring a child custody lawyer who is experienced in complicated legal issues and has family court experience. If you want to represent yourself during the hearing of your child in custody, being well informed will give you the best chance to gain child custody.

What to include in a child custody hearing?

They can recommend you include a comprehensive contact log, annotated visiting schedule, evidence of child support payments, and any other notes.

What to do if you don't get custody of your kids?

If this time around you don’t get custody of your kids, remember you can appeal to the court to reconsider at a later date. Meanwhile, do whatever the court recommends, whether it’s taking a parenting class, getting a job, or moving into a larger flat.

What is the better parent norm?

The better-parent norm comes about when a parent applies for full custody. Essentially, the judge must be convinced that one parent is better than the other, which may be hard to prove.

What to do if your ex wants to restrict your contact with the kids?

If your ex wants to restrict your contact with the kids, refuse visits, or cancel at the last minute, then you can consider hiring a child custody lawyer to defend you.

Does a child custody lawyer last too long?

Therefore, there is a good possibility that a child custody lawyer will not last too long as a number of sessions will be held. Families engaging in child custody proceedings will consult with their attorneys to synthesize all the details and be prepared in a limited period of time to put their best foot forward.

Do I need a lawyer for child custody?

Eventually, when either your circumstances or your ex have changed significantly, then you’ll need to hire a child custody lawyer to represent you. For example, if either of you relocates, remarries, or even moves in with a significant other, then that might be a good idea to introduce a child custody attorney instead of representing yourself.

What to expect at a child custody meeting?

What Questions Should I Expect at a Meeting with a Child Custody Lawyer? For many parents, child custody is an important and emotionally charged issue. Before you meet with a child custody lawyer, you should prepare for your appointment. In order to understand your claim, the lawyer will need accurate and detailed information.

What do lawyers want to see?

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 happens when parents cannot agree on custody?

When parents cannot agree on custody, the courts must determine what arrangement is in the child’s best interests. This assessment typically involves a series of factors, including: The child’s wishes (if age appropriate), The physical and mental health of both the child and parents,

What is the primary custody of an unmarried child?

In many states, an unmarried mother receives primary custody of the child. An unmarried father typically must establish paternity and request custody or parenting time. Paternity may be established in a variety of ways, including DNA testing and acknowledgement on a child’s birth certificate.

How to change custody order?

Most states have specific rules about changing a child custody order. Typically, you must show a significant change in circumstances. A change in circumstances may include evidence that: 1 A child’s safety and welfare is now seriously at risk, 2 A parent has willfully violated the current parenting plan, 3 An older child is reasonably requesting a modification, or 4 A parent’s relocation makes the current parenting plan impossible or impractical.

Can a parent's relocation change custody?

A parent’s relocation makes the current parenting plan impossible or impractical. Some states also impose waiting periods before the court will change a custody order. If you have an existing custody order or parenting plan, the lawyer will need to review the document.

Do you have to meet with a child custody lawyer?

This information will help the lawyer evaluate and understand your child custody dispute. However, most child custody lawyers will not want to meet with your child at the first appointment. You will be discussing a lot of sensitive information about yourself and the child’s other parent.

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:

When do you have to have a temporary custody order?

Some states require you to have a temporary child custody order during the time between your separation and your divorce of the couple. There are other situations; this is advisable.

What does it mean to file for child custody pro se?

When you file for child custody pro se, it means you represent yourself while in court. Even if you have gone through the process before, you should seek the counsel of a qualified family law attorney. This is particularly important if your ex has legal representation.

What is the difference between legal custody and physical custody?

Legal Custody? If you are given legal custody of your child, you make decisions on their behalf. If you have physical custody of your child, it means the child lives with you. Parents may have legal custody, even if they don’t have physical custody. As a result, you need complete knowledge ...

Can a child custody case be bitter?

Any child custody case may become complicated and bitter if emotions begin to run high. An experienced and skilled attorney can help you understand your rights and help you prepare for the custody claim.

Is custody based on gender?

However, today, laws have been changed to be gender-neutral. What this means is that the law regarding custody doesn’t lean to one parent over the other based on their gender alone.

Can a parent have legal custody?

Parents may have legal custody, even if they don’t have physical custody. As a result, you need complete knowledge of the custody options available, such as bird’s nest custody, shared custody, sole custody, etc. An attorney can help you figure out what choice is right for your situation. 2. What Factors Do the Courts Consider When Deciding on ...

Can a father give sole custody to an unmarried mother?

This is especially the case if paternity hasn’t been determined or if the father hasn’t filed for custody rights. Sometimes, fathers won’t request these rights. That’s because they assume the child’s mother will be awarded sole custody.

How to handle a custody dispute?

Even if the other parent isn't entirely willing to cooperate, you may have some options to save money while handling a child custody dispute: 1 Some law firms can advise you on a case by-the-hour, or act as your counsel outside of court. 2 You can save money by handling all paperwork and case prep yourself, but this is a large, time-consuming feat. 3 You can ask a lawyer to review your paperwork and help ensure it will meet the judge's expectations 4 You can have an attorney only for your court hearings. Just remember that the case will not be as strong if the attorney gets involved last minute, so involving them early is a good idea. 5 An attorney can work with your ex-partner to compromise on a parenting plan, which keeps the case out of court. 6 You can also use a lawyer to try to convince the other parent to use mediation if they refused before.

How to save money on court case prep?

You can save money by handling all paperwork and case prep yourself, but this is a large, time-consuming feat. You can ask a lawyer to review your paperwork and help ensure it will meet the judge's expectations. You can have an attorney only for your court hearings.

What is a custody battle?

While child support considers the money needed to raise a child, a custody hearing (sometimes called a child custody "battle") considers the visitation rights and parenting plan that most benefits your child. If you feel frustrated that a court can tell you what is best for your child, you are not alone. Many parents think a custody order (also ...

How much does an attorney cost?

Attorney are always a large expense that people do not plan for. Most cost $100-$500 per hour, and your case may need many hours. However, attorneys can cost less in the long run because they don't make mistakes in the process, and generally, the overall process goes faster.

What to do if your spouse treats you like you are inferior?

If your spouse treats you like you are inferior and will not listen to your viewpoint, you will want to consider hiring an attorney to protect your rights. You are involved in a domestic violence situation. There is no question that you need a lawyer if your safety, and your children's safety, is at risk.

Can both parents have custody of their children?

Both parents have the right to seek custody of their children — with or without an attorney. However, some factors make the case lean in favor of one side or the other. It is a good idea to have an attorney if: You have a history of drug or alcohol use.

Is it a right to represent yourself in court?

Representing yourself in court is your right and can have pros and cons. The obvious pro is that you will save money on legal fees. However, going to court generally means the parents cannot find a solution. So you are looking at a complex process in front of you before you even get to the courtroom.