Do I Need a Lawyer for Child Custody?
It is already a stressful experience when you go through a divorce. A pressing concern that goes with separating is that you also need to consider your children. Questions will arise like who will take custody of the child, or do you need to bring a lawyer for child custody?
In most cases, getting a lawyer is not necessarily a requirement when it comes to dealing with child custody. A mediator can do the job for the legal proceeding and help the jury to come up with a decision. This works well if there are no complicated issues when it comes to child custody. However, as with any family legal matter, arriving at an amicable settlement that both parents can agree upon is not as easily resolved via a mediation proceeding. Thus, the need to bring an attorney for child custody.
What Does a Child Custody Lawyer Do?
A child custody lawyer has a huge responsibility when it comes to deciding what will serve the best interests of the child. Child custody lawyers gather information, assess the custody situation, and help the jury in deciding what would suit the guardianship of a child.
As they know the regulations concerning family law, they can mediate and settle disputes between parents that are battling for the rights of their children. The lawyer will be the one to help you understand which arrangement will work best for the child and help arrive at a decision that will hopefully please and favor both parents’ sides.
Having a child custody attorney makes it easy to decide on the matter. They are not clouded by emotions or partial judgment that the parents may be undergoing due to their separation. Although the typical arrangement for child custody can be a mediation proceeding, the child custody lawyer has a crucial role when it comes to determining the guardianship of a child.
The lawyer handling child custody can become a primary caregiver and advocate the best interests of the child involved in the separation. They will take into consideration the health, finances, education, and general wellbeing of your child in a rational manner.
There is also necessary paperwork that you will need to file and understand the terms. Getting a child custody lawyer can help you sift through the needed documents and guide you on how to process the paperwork requirements. If there comes a time that you need to show up in court, having a lawyer provides immense benefit. The lawyer will be the one to represent you and your case.
As mentioned earlier, getting a lawyer isn’t necessary to handle a child custody case. However, there are specific scenarios that will necessitate having a lawyer for child custody. Let’s explore some of these situations.
Why You Should Have a Lawyer for Child Custody
1. When the Other Parent Has an Attorney
Once your now ex-husband or ex-wife brings an attorney to defend their rights to your child, it will only be proper to also bring with you an attorney.
When you have an attorney, you will likewise be able to defend your position when it comes to gaining custody of the child. This arrangement helps you prove to the jury your right as a parent despite the separation.
2. There’s a Threat to Your Child
At times, the child might be in danger, whether that’s from the parents, guardians, or other threats that could put the child in harm’s way. These threats can be dangerous for the child and will thus require legal counsel and protection.
Any form of danger that could threaten a child will require a child custody lawyer. They can help in finding ways to protect the child while custody is still in question.
3. Special Circumstances
Other circumstances will likely require an attorney to assess the situation of the child. This includes when the child has a disability or when the child specifically requested an attorney.
When the involved child has a disability, there will be a need to have a lawyer to determine the best care for the child. Another situation would be when the child is still a minor and also wants to have a say when it comes to their custody.
4. Denying Custody or Visitation
The other parent might be prohibiting you from visiting or taking custody of the child at an agreed date or time. When this happens, you will need to have an attorney to defend your case.
As a parent, it is still your right to custody or visitation, depending on the agreement. Denying you this can mean that your partner is breaking the custody arrangement. Thus, the need to have a lawyer to settle the matter.
5. Experienced Abuse
You or your child may have experienced abuse. Whether it’s physical or emotional abuse, this behavior warrants the presence of a lawyer before the jury.
The lawyer can help you in gathering pieces of evidence and proving to the court that the abuse happened. This enables you to gain the upper hand in custody, stop the abuse, and have the jury decide on a punishment for your partner due to the abuse.
6. Involves Other Locations
Separating as a couple could mean that either you or your ex-partner has decided to move to another state or location. It can be a tricky situation when a child is involved.
There will be concerns about child custody and the safety of the child when it comes to travel. You may also be worried about not being able to contact your partner if they are already in a different location.
7. Previous Conviction or Arrest Records
Getting child custody can become complicated if you have a previous conviction or arrest record. The other parent may use them against you when it comes to claiming guardianship.
This is where getting a child custody lawyer can be beneficial for your case. You can argue your ability as a parent to take responsible care of the child despite the previous records. A child custody attorney can help the jury in making an informed decision about your eligibility as a parent to still pursue custody or visitation.
8. Modify the Child Custody Agreement
Even with a settlement already, you may find the child custody arrangement, not in favor of your situation. If there’s a need to change the agreement, a lawyer can help you address your needs. The child custody attorney will be the one to make an assessment and determine what clauses in the agreement need to be changed accordingly.
You may already have a previous child custody agreement. However, the arrangement may not be in favor of you and only works for the other parent. Or, there might be new requests for the child or your situation that warrants changes in the agreement. Having a lawyer can help in modifying any aspect of the previously agreed child custody settlement.
Finding a Good Lawyer for Child Custody
The lawyer for child custody that you will be choosing can impact the outcome of your case. You should pick a child custody attorney who is empathetic toward your situation and understands what would best serve your child.
You will need to have a capable attorney who knows the relevant policies regarding getting child custody. Ideally, they must have previous experience either as a lawyer representing a client in child custody cases or assisting in similar situations involving a child.
This is why getting a family attorney becomes a more sensible option in getting a lawyer for child custody. They study various laws, clauses, and even similar cases that they may apply to intervene with your child custody situation.
Whether your situation is either custody, visitation, or even child support, the right choice of attorney can help ensure progress and a favorable decision that will serve both the child and the parents involved. Have a child support custody lawyer who is not only well-versed in the technicalities of the legal proceedings, but also shares sympathy towards your situation.
Going through a divorce brings up a lot of issues, and, although stressful, you can take every issue, and face them by having trusted legal counsel. Marina Taylor is a trusted lawyer for child custody. She brings a wealth of experience dealing with divorce cases. The advantage of bringing the best child custody lawyer is that you will have a better chance of having the right agreement and decision – be it a custody case, visitation issues, or child support situations. Instead of typing away “child custody attorney near me“, you can have Marina Taylor onboard to address the child custody problems that you’re dealing with from a divorce.