Legal News

27-Oct-2022

How Can A Lawyer Help You In Custody Battles?

When it comes to custody, the stakes are high. In most cases, both parents love their children and want what’s best for them. However, things can get ugly when people can’t agree on the best course of action for their kids. In these situations, it’s important to speak with a lawyer who specializes in family law and custody battles. In any custody battle, a lawyer can be your strongest ally. They can guide you through the process, provide advice on your rights as a parent, and help you get an edge in negotiations – even if you don’t think you need one yet. If you’re facing a high-conflict breakup, you can also consult with a mediator to help you plan out the custody arrangement and maintain a healthy co-parenting relationship. There are also resources for grandparents and other family members who will be taking on a new role and responsibility. Having access to legal counsel from the start is especially useful if your case involves domestic violence, drug addiction, or mental illness of either party or other relevant circumstances. Here is some information about how a lawyer can assist with your child custody battle.

Who will decide custody?

In many cases, custody will be awarded by a judge. Judges will almost always try to award joint custody in these cases. Joint custody is when both parents share the rights and responsibilities of raising a child. There are a few situations where one parent will be awarded sole custody. If one parent has a violent criminal history or is mentally ill, a judge may award sole custody to protect the child. If one parent has been abusive toward the other parent, a judge will not award joint custody. In these situations, judges will often award sole custody to the other parent. Sharing custody, even if both parents are awarded joint custody, can be difficult. A lawyer can help you come up with a solution that works for your family. They can negotiate a parenting schedule and help you come up with a plan for how to work it out. If you’re awarded sole custody, a lawyer can help you create a plan for how to financially support your child. You may be ordered to pay child support and given access to your child’s health insurance. If your child is on Medicaid, you may be able to keep that insurance even if you don’t have custody. Your lawyer can also help you get additional child support if your child’s other parent isn’t paying what they owe.

Negotiations with your ex-partner

Many custody battles go to court and are ultimately decided by a judge. However, many others are resolved through negotiations between the parents. Before you and your ex-partner begin negotiating child custody, you should get in touch with a lawyer. A lawyer can help you understand your rights and how they apply to your specific situation. They can also help you and your ex-partner come to a fair agreement. If you and your ex can’t agree, a lawyer can help you decide what to bring to court. There are a few situations where you’ll want to bring your lawyer to the table even if you and your partner can agree on your own. These include: If you are in a situation where you need special consideration for your child (e.g., one parent has a history of drug use, mental illness, or criminal activity) If there is a history of domestic violence between you and your ex; If your ex is being uncooperative; If there is a need for a mediator or advocate creating an environment where both parents can be heard.

Going to court

If negotiations fall through, you may have to go to court. A custody battle in court can be stressful, but it doesn’t have to be. Having a lawyer by your side through the court proceedings will help ease some of the stress. A lawyer will make sure that all of your facts and information are presented properly. They can also help you navigate the stressful process and make sure that your child’s best interests are always at the forefront of your case. If you go to court without a lawyer, the judge may interpret this as a show of good faith. However, it can also be seen as a sign that you’re not taking the court proceedings seriously. If you go to court without a lawyer, you might be able to get a judge to decide on an outcome that’s a little more favorable to you. But you’ll have to argue your case to the judge, and you might not have anything resembling an organized argument. Going to court with a lawyer is almost always preferable, especially if you and your ex can’t agree on your own.

Other ways a lawyer can help

Grading custody evaluations 

The court may order one or both of you to complete a custody evaluation. A custody evaluation is a report written by a professional who is trained in the best practices for child custody. A lawyer can grade your custody evaluation and give you suggestions on how to improve it. In addition to helping you, this can also be a way for your lawyer to get to know you and your situation.

Preparing for custody hearings 

Sometimes, custody hearings are scheduled as a final decision about what’s best for your child. In other cases, a custody hearing is scheduled as part of the ongoing negotiation between you and your ex. A lawyer can help you prepare for both types of custody hearings. They can also negotiate with your ex-partner to get a deal that’s favorable to you. If a hearing goes your way, the judge may make their decision permanent. However, they may also ask both of you to come up with a new plan that works better for your child.

Conclusion

Legal counsel can help you in many ways throughout a child custody battle. They can assist you in coming up with a plan and a strategy to fight for what’s best for your child. A lawyer can help you file all the necessary paperwork and make sure that everything is in order. A lawyer can also help you negotiate with the other side’s counsel to come to an agreement that is best for your child. WIf both parties can agree on a plan that is in the best interest of the child, the lawyer can draft an agreement that all parties will sign. An attorney can also be helpful if you are involved in a custody battle and need to go to court to fight for custody of your child. In court, a lawyer will be able to speak on your behalf and make sure the judge hears your side of the story. Whether your dispute is resolved through negotiations or in court proceedings, a lawyer can be your strongest ally. They can help you understand your rights, prepare for custody hearings, and provide you with much-needed support throughout the process.