Questions to Ask a Child Custody Lawyer
Getting divorced and arranging child custody is a major life challenge for families. Daily life significantly changes for all involved, and there can be many unanswered questions about how child custody works, how to file for it, and the factors courts consider. Many parents also decide to hire child custody lawyers to work through the intricacies of custody and do what is best for their children. If you’re ready to hire a lawyer and want to have all the facts, here are a few of the many questions to ask them.
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What Custody Options Can We Explore?
When you’re in the process of hiring a child custody lawyer, you can ask them about the different custody options you can explore based on your unique situation. The available arrangements can depend on where you live but typically include legal, physical, joint, and sole custody.
Legal custody describes one parent with decision-making authority regarding how a child is raised, while physical custody involves choosing where a child lives after a divorce and whether a child can spend time with one of the parents. Parents might also explore joint custody, where parents share legal or physical custody of their child. In some cases, sole custody is the best option in which only one parent has legal or physical custody.
How Do You File for Child Custody?
How you file for child custody can depend on where you are in the divorce process. If you have already filed for divorce, you can petition for custody when you send in your court paperwork. If your spouse has already filed for divorce seeking sole custody, you might be required to present your argument to the judge and be referred to a mediator. If you’re already divorced and weren’t awarded custody, you might be able to file a petition to have a Judgment of Divorce modified.
What Happens If We Are Unmarried?
Child custody arrangements can sometimes be different if parents aren’t married, so it can be worth asking your chosen lawyer how proceedings play out if you aren’t married to your child’s parent. By default, unmarried mothers have sole legal and physical custody. Once a father establishes paternity, he can file for shared or sole custody.
Do I Need a Lawyer to Arrange Child Custody?
A child custody lawyer might not be necessary if both parents openly communicate and can discuss their child’s best interests safely outside the legal system. However, lawyers can often be required if parents can’t agree on the best parenting plan for their family and need outside assistance and someone to communicate on their behalf.
What Factors Will the Court Take Into Consideration?
Judges are generally required to consider many factors when ruling on child custody arrangements. Typically, they base their decisions on:
- The child’s relationships with each parent
- The health of both parents
- The child’s developmental and emotional needs
- The parents’ abilities to care for their child
- The home environment for the child
- Any signs of abuse
Conclusion
Most parents want to be well-informed before starting child custody proceedings. Don’t be afraid to ask these questions above and others to be sure of your actions going forward. The more questions you ask, the more confident you might be to navigate the legal system and do what’s best for your child.
