Custody Battle Lawyers

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What Is a Custody Battle?

In the context of family law, a “custody battle” usually refers to a highly charged, emotional dispute over child custody rights. This usually occurs between parents of a child or children, often in connection with a divorce trial. Custody battles usually result if the partner’s can’t work things out through family mediation or interventions. The result is that the parties may end up taking things to court in order to resolve the custody dispute.

Custody battles can also involve other parties, not just the parents. For instance, custody disputes can also involve:

Basically, any other parties who may have an interest in obtaining custody of a child can become involved in a child custody battle.

What Should You Consider in a Custody Battle?

First of all, the main rule of thumb in any child custody/visitation/support proceeding is that courts will always make all determinations according to the “child’s best interests” standard. That is, any decisions regarding child custody or visitation or other matters should ultimately benefit and protect the child. 

Custody battles often occur because one or both parents are using the children as “bargaining chips” in order to obtain a favorable divorce or child support ruling. This should be avoided at all costs, and instead, the parties should consider the child’s best interests. 

Also, you should understand that there are various types of child custody. For instance, there may be physical, legal, joint, shared, or other kinds of child custody. Many child custody arrangements involve some mix of the different kinds of child custody.  Understanding these options can help prevent a heated battle over child custody.

Lastly, understand that child custody orders can often be subject to modifications in the future. If a child custody arrangement seems unfavorable, you can ask the court to modify the order. This may be a positive benefit for the child in the long run. 

Do I Need a Lawyer for Help with a Child Custody Battle?

Child custody is a very serious matter, and should be approached with great care. You may need to hire a lawyer if you need help with any child custody disputes or issues. Your attorney can help determine what’s best for the child or children, and can help represent you during formal court hearings. Also, a lawyer in your area can assist you if you need to make any modifications to a child custody order. 

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Last Modified: 07-22-2014 11:19 PM PDT

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