Do I Need A Lawyer For Child Custody?

How Does The Court Make Custody Decisions?

Custody is decided based on a number of factors, including things like the parent's work schedule and the child(ren)’s social life and extracurricular activities. All custody decisions are based on what the court believes is in the child's best interest. This typically means the court will try to maintain some level of the child’s relationship with both parents. 

The court will also decide on child support as part of the custody plan. The amount of child support considers your visitation rights and the parenting plan that benefits your child the most. Child support is intended to help account for the money needed to raise a child. This means parents with less visitation time will likely pay more child support.

Outside Of Court Options

You don’t have to go through the courts to create a custody plan. If parents can mutually agree on a custody plan outside of court, you can present it to a judge and avoid a custody battle in a courtroom.

It’s very important that you present the custody plan to a judge so that you have a legal record of your custody agreement. This will help protect you if there’s any dispute about your custody arrangement or if you or your co-parent want to modify your custody agreement.

Working with a lawyer can be a good idea if you plan to create a custody agreement outside of court. Outside of court, a lawyer can help mediate the creation of your custody plan while also helping make sure you include all necessary information for a custody agreement.

How Can Having An Attorney Help?

Working with an attorney can help simplify the custody process for you. An experienced attorney is familiar with the local court's people, procedures, and nuances. This means they know the correct steps to take, what order to take them in, and the right people to talk to, which can make a huge difference in your stress levels and how easy the custody battle is for you.

An attorney can also help you fill out any paperwork related to your case. Legal paperwork is complicated and can take hours of research to understand and fill out correctly. A family lawyer is familiar with all the common paperwork and how to fill it out. 

Filing mistakes or making mistakes at the hearing are very easy to make, but in the end, they can impact how much time you get to spend with your children. These are minor missteps that someone without experience might not even notice, but they can be very costly in the outcome of custody agreements. 

An attorney's experience with custody cases means they might be aware of strategies to win custody cases that the general public isn’t aware of. Not working with an attorney could mean missing out on legal steps that could benefit you. 

Working with an attorney can remove much of the stress commonly associated with custody battles. An experienced attorney will take care of everything for you, from filing paperwork at the right time to gathering evidence, preparing witnesses, and preparing you for your testimony and challenging questions.

Situations Where You Should Consider Using An Attorney

Certain situations in a person's life can complicate custody battles. If any of these cases apply to your situation, it’s recommended that you work with an attorney to give you the best possible chance at your desired outcome. 

History of drug or alcohol abuse

If you have a history of drug or alcohol abuse, it could initially impact the court's view of you. In this type of situation, it’s important to have strong evidence, personal references, and witnesses to show that you can care for your child(ren) by yourself.

Getting remarried

If you’re getting remarried, have step-children, or have other children with a different partner, it’s important to consider how this may impact your custody battle. If you have custody or visitation rights with other children or are getting remarried and going to be living with other children, this could impact what custody options the court views as possible for you.

Other Legal Issues

Multiple legal issues, such as a divorce or separation, taking place simultaneously as your custody battle could distract from the custody battle and make it more stressful for you. Working with an attorney for one or both cases can help you be as successful as possible while managing multiple legal issues.

Power Imbalance

If there’s a power imbalance in your relationship, it could make it difficult for you to represent yourself against your co-parent.

Domestic Violence

Domestic violence and abuse can make child custody disputes increasingly more difficult, especially if the children are also domestic violence victims. Gathering evidence and preparing witnesses to confirm this could be emotionally and physically difficult for you. Letting an attorney handle this can take some of the emotional burden away from you.

Contact A Child Custody Lawyer Today

Working with a lawyer isn’t required for child custody battles, but it can make the process easier and less stressful for you. An experienced attorney can help you through the process and help you work towards a positive outcome that’s best for both you and your children. 

If you’re involved in a child custody battle and are looking for an attorney you can trust, contact Campbell Law today. Fighting for my client’s needs and rights is my top priority.