what to ask an attorney about custody

8 Top Questions to Ask a Lawyer About Child Custody

1. Which Laws Pertain to My Case? Each state has a different set of rules and guidelines that must be met by a child...
2. What Will the Court Take Into Consideration? It’s crucial to understand the things that a judge will consider when...
3. Will Mothers Automatically Get Custody? Some states do award the mother...

Full Answer

What are good questions to ask an attorney?

Aug 02, 2016 · Five Questions to Ask Your Attorney about Child Custody. Family Law. Tuesday, 02 August 2016 If you are in the midst of a divorce or issues concerning the custody of your child have arisen, it is important to speak to an attorney to ensure that your rights as a parent are protected. In addition to issues specific to your circumstances, the ...

How to find a good child custody attorney?

Jul 17, 2020 · 8 Top Questions to Ask a Lawyer About Child Custody 1. Which Laws Pertain to My Case? Each state has a different set of rules and guidelines that must be met by a child... 2. What Will the Court Take Into Consideration? It’s crucial to understand the things that a judge will consider when... 3. Will ...

What questions do lawyers ask their clients?

Legal custody means the right of the parent to make decisions for the child. In some cases, one parent receives physical sole custody and both may receive legal custody. In sole custody cases, the other parent may have visitation rights with the child or supervised visitation.

What to expect during child custody proceedings?

Among the factors to consider: Does the attorney have the experience necessary to handle your custody case? Is the attorney's style and approach in line with how you'd like your custody issue to be handled? Did you feel as if you could trust the …

What Factors Does A Court Consider When Determining Child Custody?

Courts make child custody decisions based on what is in the child’s best interest. Typically, a series of factors are weighed. While the factors va...

What Is The Difference Between Sole and Shared Custody?

If you are given sole custody (or full custody), you have both physical and legal custody of the child. In other words, your child will live with y...

Which Parent Is More Likely to Be Granted Sole Custody – The Father Or The Mother?

In the past, many states applied the “tender years doctrine,” which favored mothers over fathers in custody decisions. However, modern custody laws...

Who Decides Upon Visitation Schedules?

Courts prefer parents to negotiate visitation schedules on their own. In fact, many states require mediation before the court will issue a custody...

Which Parent Is Granted Custody If The Couple Is Not Married and There Is No Court Order?

If parents are unmarried, their custody rights will vary from state-to-state. In some states, an unmarried mother is awarded sole legal and physica...

Can I Bring My Child With Me If I Move Out-Of-State?

Most custody orders do not allow a child to move out-of-state without the court’s permission. Before you move, you should advise the court of your...

Can I Change My Child’S Last Name from The Father’S Surname to My surname?

You cannot legally change a child’s name without a court order. Sometimes, parents will mutually agree to change a child’s last name. If your child...

Can Child Custody Orders Be Changed Or Modified?

Courts recognize that child’s needs and best interests may change over time. While some states impose a waiting period (when custody cannot be modi...

What Is Child Support and What Does It Cover?

Child support is paid to a custodial parent to help cover a child’s daily expenses (such as food, lodging, and clothing). Some states have child su...

Do I Need A Lawyer For Child Custody Issues?

Child custody cases can quickly become complicated and contentious. Most parents benefit from the help of a skilled child custody attorney or famil...

What are the factors that affect child welfare?

Some examples of what this considers includes: 1 Each parent’s mental and physical health 2 The child’s individual needs (if any) 3 The child’s wishes 4 If there is evidence of drug or alcohol abuse 5 Community adjustment factors

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 ...

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.

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.

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.

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.

What are the factors that affect a child's development?

Some of the factors that will be considered include: 1 The relationships between the child and each of their parents 2 The health of each parent that will be caring for the child 3 The increasing developmental needs of the child 4 The emotional needs of the child 5 If each parent provides a stable environment for a child 6 Whether there are signs of abuse 7 The ability of each parent to care for the child

Why is it important to understand the things that a judge will consider when ruling in a child custody case?

These factors are considered because the judge wants to decide in favor of what’s going to best for the children involved in the case.

What does child support cover?

If you request your child’s financial support, it’s known that the money will cover food, shelter, and other necessary items about the child’s well-being. Child support will be awarded in monthly installment to the parent that has sole custody of the child.

When filing for divorce, do you have to rotate your wishes for custody?

When you’re filing for divorce written into the petition for divorce, you’ll need to rotate your wishes for custody of your child. Another way to file for custody is during a legal separation. This is when you’re not married to the person you’re separating from, but there is a child that the two of you share.

Can a father get sole custody of a child?

In other states, if a father presents a strong case against the mother showing her incompetence at parenting, then the father can receive sole custody. When heading to court, if you feel your ex-spouse doesn’t have the resources or capacity to care for your child, you’ll need to provide this information to your lawyer.

What happens when you file for separation?

Once you file for separation, you’ll file another suit seeking custody of the child involved. A paternity action suit is a step a father needs to establish that he is the child’s biological father. Once paternity has been proven, he can then move forward with filing a suit for custody rights. 7.

What is sole custody?

Sole custody is when one parent has nearly all of the rights and responsibilities related to raising the child. Some states differentiate between physical and legal custody. Legal custody means the right of the parent to make decisions for the child.

What does the court consider when awarding custody?

Generally, the court will consider the best interests of the child when determining to whom and in what manner to award custody. The factors that the court looks at are usually based on a family law that specifies relevant factors or case law in which judges have stated in past cases what factors can influence their decisions.

What factors are considered in a child custody case?

The court may consider factors specific to the child, such as the child’s age, sex and development. The court may also consider how close the child’s bond is to each parent and to siblings. If the child is old enough, his or her preferences may be considered by the court.

What are the factors that determine custody?

Typically, child custody decisions are based on the best interest of the child. A number of factors come into play here. Most of these vary by state, but commonly include the following: 1 The quality of the child’s relationship with each parent 2 The age and health of the child and each parent 3 The emotional and developmental needs of the child 4 The home environment of each parent 5 The ability and disposition of each parent to fulfill the child’s emotional and physical needs 6 The level of the child’s involvement in his/her school and community 7 The willingness of parents to co-parent 8 Evidence of child and/or domestic abuse

What does it mean when you have legal custody of your child?

When you have legal custody of your child, you’re entitled to make decisions on behalf of your child. When you have physical custody, it means your child can live with you. A parent can have legal custody even if he/she doesn’t have physical custody. Hence, gain complete knowledge of the various custody options available to you, ...

Can a parent decide on a visitation schedule?

In some states, courts prefer having a mediation before it issues a custody order. Parents may have to inform the court about volunt ary visitations and parent ing schedules beforehand in writing. The court will have to approve it.

What are the factors that determine the best interest of a child?

Typically, child custody decisions are based on the best interest of the child. A number of factors come into play here. Most of these vary by state, but commonly include the following: The quality of the child’s relationship with each parent. The age and health of the child and each parent. The emotional and developmental needs of the child.

What is the objective of the court?

The objective of the court is to make every decision that is best or the most ideal for the child’s present and future. Each state has its own criteria for deciding what’s in the best interest of the child.

What happens if you change your child's name?

Any change in the child’s name will require a court order. If the other parent objects to the name change, you will need to prove in court that the change is in the best interest of the child. If none of the parents object, the court will permit the name change.

What is child support?

Child support is money paid to a parent with the custody to help cover the child’s expenses (food, shelter, clothes). In some states, certain set guidelines enable courts to arrive at a fair and sufficient child support amount. Other states award child support based on case facts.

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:

Why is child custody so complicated?

Because custody rights involve a child’s safety and wellbeing, child custody cases can be complicated. Additionally, state laws regarding the issue vary. Child custody cases require a good working knowledge of family law as well as state law. Below, we will discuss the most common questions related to child custody that Legalmatch receives.

What is child custody?

Child custody rights refer to a set of rights given to a parent in divorces and legal separation. Child custody rights include legal custody, which includes making important legal decisions on behalf of their child, and physical custody. Physical custody deals with which parent has the legal ability to determine the primary residence of the child.

How to file for child custody?

In order to file for child custody you will need to first file a legal document asking the court to determine custody and appoint you as party with primary custody of the child. The actual name of the legal document you need to file depends on your local jurisdiction.

Can you be held in contempt of court for not following court order?

It is important that you strictly follow the Court Order regarding allowing visitation. Therefore, if a Court has determined that you have full custody, then they will have also determined the possession and access for the other biological parent. Not following the Court order may result in you being held in contempt of court.

What factors are considered when determining child support?

When determining child support payment amounts, the court will generally consider the following factors: The needs of the child; The income of the custodial parent; The non-custodial parent’s ability to make payments; and. The child’s standard of living prior to the divorce, if applicable.

Does one parent's custody affect child support?

Typically, the amount of one parent’s custody will not affect the amount of child support, so long as one parent has primary custody of the child. Therefore, unless your custody order is for split custody, where each parent has essentially 50% possession of the child, one parent will normally be ordered to pay a state guideline supported amount of child support.

What happens if you don't follow court orders?

Not following the Court order may result in you being held in contempt of court.