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. If you are preparing for a fight, you will want to consider legal help, but you have options. Isn’t Child Custody My Decision? Do I Need to Go to Court?A child custody case is a part of family law that looks at a child’s best interests to decide how much time they spend with each parent. 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 called “custody agreement”) should be decided by the parents and not a family court. If parents can find a solution that works for both of them and, more importantly, is in their child’s best interests, then they can present that solution to a judge and avoid a courtroom battle. However, many parents cannot find a solution on their own and at least need mediation, if not a judge’s input. If you think the custody of your child should be your decision, but you cannot find an agreement with the other parent, then you have some options when going to court. Option 1: Not Having Legal Representation from a Child Custody AttorneyYou do not need to have an attorney for a custody dispute in most states. 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. You may need to take work off and put in hours of work to prepare your case. 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. But do not let money be the reason you go to court alone. There is legal aid available, and some attorneys accept payment plans. You can also consider the hybrid approach outlined below in option three. Option 2: Fight for Your Custody Arrangement with a Child Custody LawyerHaving 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. Not all evidence and testimony is useful at the court hearing when you want to be the sole custodial parent, or even fight for half custody. Keep in mind a judge can give you less than half the time, or choose a weekly split that you don’t want. Important note: If your situation involves domestic violence, orders for protection, or other court orders, you should use an attorney. These types of cases are often better handled attorney-to-attorney. They need to keep certain information, like your home address, off the record. While you may have an order of protection for an ex-partner, they can still win visitation. Keeping you safe is the top priority, and a good lawyer knows how to represent your best interests. Option 3: Hybrid Legal Advice, DIY, and Meditation ApproachEven if the other parent isn’t entirely willing to cooperate, you may have some options to save money while handling a child custody dispute: Mediators tend to cost between $100 and $300 per hour, which is huge cost savings compared to court. Situations When You Need a Custody AttorneyBoth 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: Overall, these cases tend to be emotionally-charged for the parents and children. Even the simplest of cases usually involves deep dives into finances, your character as a parent, and detailed aspects of family law in your state. If you are unsure about your skill at preparing for the case or speaking in a high-stress situation, or your chances at winning the custody arrangement you want, then an attorney is going to be your strongest option. You can do a free consultation with attorneys in your area until you find the right fit for you. Choosing the Right Attorney for Child CustodyChoosing a good child custody attorney can be difficult, particularly because of the many highly emotional issues that emerge during child custody proceedings. Parents looking to hire a child custody attorney should use the following resources to identify experienced, qualified candidates. ReferencesThe best resource for parents who are seeking information on a good child custody attorney is to seek references from other people. Important references to obtain on child custody attorneys include: InterviewIt’s important for single parents to interview a potential child custody attorney before hiring them. Some questions to ask are surrounding: Experience with Your Type of Case – A single parent should choose an attorney that has experience handling and winning his or her type of case. A single parent should also understand how many hours it may take for their case to be decided. Fee Structure – A single parent should inquire into whether the attorney charges on the basis of a retainer or on a per hour basis. Free Consultation – A single parent wants to know whether a child custody attorney is willing to provide a free consultation. A free consultation will give a parent an idea of whether he or she will be able to work with the attorney. Pro BonoIf a single parent cannot afford a paid attorney, he or she may qualify for a court-appointed attorney. A court-appointed attorney will serve to represent the single parent, in the same way as a paid attorney. The county family court will maintain a network of pro bono attorneys to assist with child custody cases. Resources to Investigate the Attorney’s ReputationThere are several resources that a parent may use to check an attorney’s reputation, including: Additionally, an attorney cannot practice law in states where their license has been suspended. Asking around town. If single parents live in a smaller community, there’s a good chance that an attorney’s reputation will be well known in that particular community. Parents can inquire about an attorney with someone else or multiple people in the community. Fire a Child Custody Attorney Who Isn’t Meeting Your NeedsDon’t worry about making a mistake. If the agreement between you and your attorney is no longer effective or does not meet your needs, release the attorney from his or her duties and begin a new search for a new child custody attorney. What Should I Ask My Lawyer About Child Custody?Most family law attorneys have experiencing handling contentious custody disputes. They often represent parents who were married or those were never married and who face important decisions about what happens when a relationship ends. Most experienced family law attorneys will make sure you are comfortable with the process and requirements of presenting a solid custody and visitation case. What to look for in a lawyer: Why Might Hiring A Family Law Attorney Be The Best Decision?Objectivity: You have an obvious stake in the outcome of the child custody decision. A family law attorney is an objective professional, hired to be your advocate and to promote your interests. They also act as a buffer between you and the other party or you and your spouse’s attorney. Expertise: Family law attorneys handle custody cases frequently and will have insider knowledge that you cannot get without this experience. You will benefit from hiring an experienced attorney who knows how to protect your interests. Cost is obviously an important factor for many people seeking an attorney. The cost for an attorney will vary widely depending on your state, your city, the lawyer’s experience and other factors. But making a decision on price is just one of the many considerations you should evaluate when hiring an attorney. How Do I Represent Myself in a Child Custody Case?You may want to represent yourself in your child custody case. And while you may save money by choosing to go it without a child custody lawyer, it will be a challenging process. If you can’t afford an attorney (and even if you can afford one) you are able to represent yourself in the proceedings. Here are some things to keep in mind to make sure that you end up with an order that is truly in the best interests of your child: Get organized. When you present information to the other parent, the other attorney or the court, it needs to be clear. If you organize your information, it makes it more likely that it will be persuasive and accepted. Be patient. If issues are contentious then it may be a long, drawn-out process including mediation, negotiation and court appearances. Be flexible. Prepare to tell your story, but allow some flexibility in your options. Provide alternatives for resolution of the matter. 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. Even if you are primarily representing yourself, you can consult with an attorney on a limited basis to get some legal advice and limited representation. Not all but some family law attorneys will offer that option. Free Initial Consultation with LawyerIt’s not a matter of if, it’s a matter of when. Legal problems come to everyone. Whether it’s your son who gets in a car wreck, your uncle who loses his job and needs to file for bankruptcy, your sister’s brother who’s getting divorced, or a grandparent that passes away without a will -all of us have legal issues and questions that arise. So when you have a law question, call Ascent Law for your free consultation (801) 676-5506. We want to help you!
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