why would you not get a lawyer for custody case

Not Hiring an Attorney to Represent You A child custody and visitation case can feel 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. Your relationship with your child is too important to risk letting that happen in a child custody case.

Full Answer

What happens if I don’t have an attorney for custody?

The lesser-known cons of not having an attorney are: It is risky to fight for full physical custody of your child without a lawyer presenting it in the best light (most courts want to split parenting time evenly) Choosing to represent yourself is a bold choice, and it may work for certain people.

Why do I need a lawyer for child custody?

Having professional legal help moves along the process faster and gives you a stronger chance to win the resolution you want. Child custody issues are ultimately decided by the judge's view of the best interests of the child. But, an attorney will partner with you to show strong evidence of why you deserve parental rights.

Do I need a lawyer for a fair custody settlement?

A fair custody arrangement can best be worked out by a lawyer who has extensive expertise and experience in developing productive co-parenting agreements. You may not know exactly what to do to reach such a settlement.

Do I need a lawyer to negotiate child support and custody?

A lawyer who has devoted their practice to reaching sound co-parenting agreements will help you safeguard your interests as you negotiate child support, child custody, and conservatorship issues with your ex. If you are going through a custody negotiation of any kind, you need legal representation.

Preserving Your Parental Rights

In the state of Texas, it is presumed that the child’s interests are best served by having a close relationship with both parents. Once the parenting relationship is established by the court, the parties are made joint managing conservators of the child.

Will the Court Appoint an Attorney for Child Custody?

In some instances, a court-appointed attorney will get involved in a child custody case. This happens when there are pleadings to terminate one of the parent’s parental rights. It also happens when the court is asked to hold one of the parties in contempt and asked that they be confined to jail.

Why You Need a Family Lawyer

You should not count on a court-appointed attorney to deal with custody issues. You will need to hire a family law attorney for this purpose. The process of resolving custody issues need not be contentious. If possible, you should try to work out a settlement with your ex that allows you both to put the needs and interests of the child first.

Contemplate Your Options

Before you go to court, consider how confident you are about representing yourself. Many free legal aid organizations can assist you with handling related cases like the Jensen Family Law – Mesa.

Research

You will be entering a world of information during the course of your case. You’ll need to have extensive knowledge of the laws related to child custody and divorce. The more aware you are about what the court is asking you to do, the better prepared you will be.

File a Petition for Custody

To file for child custody, you must fill out a Petition and Order for Custody. You have to state the grounds on which you are seeking custody. Read the petition carefully and check that all boxes are filled correctly to avoid having your case dismissed.

Serve the Other Party

Each party has to serve their spouse with the child custody petition. You will be expected to serve your spouse outside of court on several occasions during your divorce or custody process. Serve them when you can, even if you think it might be risky.

Attend Hearings

When you file for child custody, you ask the judge to enter an order that will determine your rights to see your children. That means attending hearings is essential in the process. Attend court hearings even if you are not there representing yourself.

Be Prepared

Bring detailed notes about any meetings with your spouse and other adults involved in your case and work closely with everyone involved during these conferences. Be sure to mention in your notes any inconsistencies or inaccuracies in what they say. It most definitely won’t be an easy process, especially when you’re representing yourself.

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.

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?

Is a hearing mandatory?

Hearings are scheduled and mandatory. They’re difficult to reschedule. And tardiness can damage your case. Someone also has to stand before the judge, present evidence and argue on your behalf. That can be very intimidating without experience.

Does legal representation cost money?

Of course, legal representation costs money. But it could cost you more if you represent yourself. If you lose your case, the opposing side could ask the court to make you pay their legal fees. If the judge rules in their favor, you would still owe a large amount.

Do you need witnesses to testify in court?

Witnesses. To make a winning case, you may need to have witnesses appear in court. Subpoenas may have to be issued. Such witnesses must be prepped for their court date. It takes someone experienced in custody battles to prepare witnesses to testify effectively.

Why won't a lawyer take my case?

Here are the top 7 reasons why a lawyer won’t take your case: 1. There is No Money to be Made in Your Case. There is a real cost associated with trying a case. For a lawyer to take a case, the case needs to have the potential to recover more money than the lawyer will have to invest to try the case.

What happens if a lawyer doesn't take your case?

Additionally, the cost of developing the testimony to prove up your case has to be factored into the analysis of the attorney. If the cost of the expected depositions exceeds the expected return on the case, an attorney most likely will not accept the case. If a lawyer doesn’t take your case, you can get a second opinion from another lawyer who has ...

What happens if you are dropped from another law firm?

If your case has been repeatedly “released” or “dropped” from another law firm, subsequent attorneys will think twice about taking your case from either a liability perspective or an unreasonable expectation perspective.

How long do you have to sue for a personal injury?

For example, in some states, the statute of limitations on personal injury claims is two years, so that means you have two years to sue for a personal injury case.

Why is it important for a lawyer to protect their reputation?

Lawyers have an interest to protect their own reputations since a strong reputation will draw in more clients, just as a weak reputation will do exactly the opposite. In personal injury cases, how badly you’re injured is an important factor in a case.

What does it mean when a lawyer takes on a new client?

7. They don’t like you. A lawyer is never obligated to take your case. Taking on a new client means starting a new working relationship – and relationships are a two-way street. If you’re perceived to be difficult to work with, obnoxious, or abrasive, then they may choose to pass on your case.

Is it important to be selective in choosing a lawyer?

Even though it is crucial and recommended to be selective in choosing a lawyer, it’s important that you focus on whether or not the lawyer in question has expertise and a history of winning the type of case you’re involved in.

What is the most important thing to consider when deciding custody of a child?

The interest of the child is the most important in custody disputes. This includes the child’s happiness, security, well-being, mental and physical health, and development in their childhood. Parents need to be aware that choices made will affect child’s development and the relationship you have with your child as a parent. A custody attorney will provide a perspective and make sure the decisions you make benefit your child and their future.

What to do if you believe your child is in danger?

If you believe your child or children are in danger and must seek immediate action, it is very helpful and less stressful for a custody attorney to assist you. In a matter like this, your custody issue is very important and the stakes of losing this case are too high.

Can a custody dispute be easy?

Custody disputes may not be as easy as they seem. Especially if both parties cannot come to an agreement while negotiating terms. Representing yourself pro-se, could end up being a costly mistake. An attorney practices law every day and knows the ins and outs from experience in a court room. Unfortunately, unless you are an attorney, you do not have the same benefit. The outcome of what happens in the courtroom can affect you for years, even decades to come. Be wise and lawyer up. Feel free to contact us with questions you may have.

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.

Why should parents not fight for sole custody?

Eric Klein of Klein Law Group says, "The reason why a parent should not fight for 100% sole custody is because a parent should not want their children to question why dad or mom only took time for them every other weekend.

What does Costantini say about fighting for custody?

Costantini continues, "By fighting for custody it leaves the decision of custody to people who do not know the parents or the children. They make their decision based upon a short term study of the broken family who are put under a microscope at the worst point in time of their lives.".

Can you make a parenting plan for sole or joint custody?

Making a parenting plan for sole or joint custody. Whether you decide to push for sole or joint custody, explaining the details in a suggested parenting plan can help your case tremendously. But creating a parenting plan on your own can feel overwhelming. You have to address all possible situations, while using airtight language.

Can you co-parent with sole custody?

While most family courts in the U.S. are willing to work out a co-parenting arrangement in a timely fashion, when a parent pushes for sole custody, it's an entirely different timeline.

Can a court order a person to supervise a child's visitation?

The court can also appoint a person to supervise visits for a period of time to ensure the child's safety. This is a regular situation.". He continues, "Even if one parent gets an order for 'sole physical custody' it is highly likely that the other parent will have some amount of visitation with their child/children.

Who says the life of a child should not be determined by a judge?

While you might consider this a good idea, you should think twice. Loren Costantini, an attorney with over two decades of experience says, "The life of a child should not be determined by a judge, guardian ad litem, an attorney for the minor child and/or Family Relation officers who are all strangers to the child.

Can a parent have sole custody of their children?

Many parents seek sole custody assuming it means only they will have contact with their children. Often, that isn't how it works. Shane Neilson from Family Law Group LLP explains that in California, "It is highly unlikely that a parent will not get a reasonable amount of time with their child/children.