What Does My Child Custody Lawyer Need to Know?

Where You Need a Lawyer:

(This may not be the same place you live)

At No Cost! 

 What Questions Should I Expect at a Meeting with a Child Custody Lawyer?

A child custody lawyer represents clients in legal matters related to child custody and visitation rights. This includes cases involving divorce, separation, or disputes between unmarried parents.

When meeting with a child custody lawyer for a consultation, you can expect them to ask you a series of questions to better understand your situation and goals. You should also come prepared with your own questions to ensure you get the information you need and feel comfortable with the lawyer you choose.

Here are some questions you may expect during a child custody consultation:

  1. What is your relationship with the child?
  2. What is the other parent’s relationship with the child?
  3. What is your current custody or visitation arrangement?
  4. What is your ideal custody or visitation arrangement?
  5. Are there any concerns about the child’s safety or well-being?
  6. Have there been any past legal disputes or court orders related to the child?
  7. Are there any special circumstances, such as a parent living out of state or a child with special needs?
  8. Are there any potential obstacles to reaching your desired outcome, such as the other parent’s unwillingness to negotiate?
  9. How long do you expect the legal process to take?
  10. What are the potential costs associated with pursuing custody or visitation rights?

In addition to these questions, you may also want to ask the lawyer about their experience with child custody cases, their approach to working with clients, and their fee structure. Choose a lawyer who you feel comfortable with and who has the expertise to represent your interests effectively.

Has Paternity Been Established?

Paternity refers to the legal establishment of the identity of a child’s biological father. In child custody cases, establishing paternity is an important step in determining the legal rights and responsibilities of the parents.

Under child custody law, paternity can be established in a number of ways. If the parents are married at the time of the child’s birth, the husband is presumed to be the child’s legal father. If the parents are unmarried, paternity can be established through a voluntary acknowledgment of paternity, which both parents sign to affirm that the man is the biological father of the child.

If paternity is disputed, a court may order genetic testing to determine whether the alleged father is biologically related to the child. Once paternity is established, the legal father may have rights and responsibilities related to child custody, child support, and visitation.

In cases where a man disputes paternity, he may need to take legal action to contest it. In some cases, a man may be able to terminate his legal obligations as a father if he can prove that he is not the biological father of the child.

Overall, establishing paternity is an important step in child custody cases, as it can help to ensure that the child’s legal rights and needs are met and that both parents are held accountable for their obligations.

Is There an Existing Custody Order or Parenting Plan?

An existing custody order or parenting plan is a legal document that outlines the terms of a custody arrangement or parenting schedule for a child. It is typically created as part of a divorce, separation, or custody dispute and is approved by a judge to ensure that both parents understand their legal rights and responsibilities.

A custody order or parenting plan may include:

  1. Custody and visitation schedules: This specifies when the child will be with each parent and may include details such as holidays and school vacations.
  2. Decision-making responsibilities: This outlines which parent will be responsible for making important decisions related to the child’s education, healthcare, and other areas of life.
  3. Child support: This specifies the financial obligations of each parent to support the child’s needs, including housing, food, clothing, and other expenses.
  4. Communication: This outlines how parents will communicate with each other regarding the child, including how they will share information about the child’s activities, health, and well-being.

Having an existing custody order or parenting plan can help to reduce conflict between parents and provide a stable, predictable environment for the child. However, if circumstances change, such as a parent’s work schedule or the child’s needs, the order or plan may need to be modified to ensure that it continues to meet the child’s best interests.

If you are considering seeking custody or need to modify an existing custody order or parenting plan, work with a qualified family law attorney who can help you navigate the legal process and protect your rights and interests.

How Is Your Relationship Like With Your Child’s Other Parent?

The relationship between a child’s parents can play an important role in child custody & visitation cases. When making decisions about custody and visitation, courts will consider a variety of factors, including the relationship between the parents and their ability to co-parent effectively.

Factors that may be considered when evaluating the relationship between parents include:

  • The ability of each parent to communicate and cooperate with the other parent.
  • The history of domestic violence or abuse between the parents.
  • The willingness of each parent to support the child’s relationship with the other parent.
  • The ability of each parent to provide a stable and nurturing environment for the child.
  • Any evidence of substance abuse, criminal behavior, or mental health issues that may affect the parent’s ability to care for the child.

In addition to custody and visitation, the relationship between parents may also affect decisions about child support & spousal support. In general, child support is intended to ensure that both parents are contributing financially to the child’s needs, while spousal support is intended to help one spouse maintain their standard of living after a divorce.

Factors that may be considered when determining child support and spousal support include:

  • The income and earning capacity of each parent.
  • The needs of the child or spouse receiving support.
  • The ability of the paying parent to provide support while meeting their own needs.
  • The length of the marriage and the standard of living established during the marriage.
  • Any other relevant factors, such as the age and health of the parties involved.

Ultimately, the relationship between parents can significantly impact decisions related to child custody, visitation, child support, and spousal support. Parents need to work collaboratively and seek legal guidance when navigating these complex issues.

What Is in the Child’s Best Interests?

The child’s best interests is a legal standard used to guide decisions related to child custody and visitation. It is a standard that courts use to evaluate and determine what is best for the child in terms of their physical, emotional, and psychological well-being.

When parents cannot agree on custody and visitation, the court will evaluate a variety of factors to determine what arrangement would be in the child’s best interests.

Some of the factors that may be considered include:

  1. The child’s age, gender, and developmental stage
  2. The child’s relationship with each parent and any siblings
  3. Each parent’s ability to provide for the child’s physical and emotional needs
  4. Each parent’s ability to support the child’s relationship with the other parent
  5. The child’s educational needs and social relationships
  6. Any history of domestic violence or substance abuse
  7. The child’s preferences, if they are old enough to express them

What Should I Bring to a Meeting with a Child Custody Lawyer?

When meeting with a child custody lawyer for a consultation, bring any relevant documents or information related to your case, including:

  1. Any existing custody orders or parenting plans
  2. Documents related to child support or spousal support
  3. Any evidence related to domestic violence or substance abuse
  4. Medical or educational records related to the child
  5. A list of questions or concerns that you have about the custody process

By bringing these documents and information to your child custody lawyer consultation, your lawyer will be able to provide you with more specific advice on your case and help you understand your legal options.

Where Can I Find the Right Lawyer?

If you are facing a child custody dispute, seek the guidance of an experienced child custody lawyer. Your lawyer can help you navigate the complex legal system and work to protect your rights and the best interests of your child.

A child custody lawyer can provide personalized legal advice and help you understand your options for custody and visitation. They can also represent you in court and negotiate with the other parent or their attorney to reach a settlement in your child’s best interests.

Be sure to get the legal help you need. Contact a child custody lawyer today to schedule a consultation and start building a strong case for custody of your child.

Law Library Disclaimer


16 people have successfully posted their cases

Find a Lawyer