Do I Need a Lawyer for Child Custody Issues?

Child custody matters are a highly sensitive area of family law. Sometimes, amicable parents can work together to create a parenting plan. Other times, however, there are disputes between the parents that can only be resolved in court.

When custody of your child is at issue, consider seeking family law attorneys in your area with experience in custody law. “Having an experienced family law or dependency attorney ensures you understand local court procedures, know your rights, and have a dedicated guide helping you satisfy your Family Services Plan,” says Missy Boyd, a family law attorney at Boyd & Early Family Law in Blue Bell, Pennsylvania.

“For parents who cannot afford private representation, court-appointed counsel or legal aid options are frequently available in dependency proceedings, and parents should absolutely take advantage of those resources.”

Having a Lawyer on Your Side When Facing Child Custody Issues

Divorced parents with a minor child are free to work together to form their own legal custody arrangement, allowing them to divide their parenting time as they see fit. While this can be an amicable approach to raising the child, these custody arrangements are not immune to later disputes.

Many issues can cause a once-harmonious agreement to fall apart. These include changes to child support, interference with agreed-to visitation rights, or other modifications to your prior arrangement. Because of this possibility, it’s often best to seek legal advice from the very start.

Having an attorney look over your custody agreement at the beginning can help avoid future court hearings. For example, experienced attorneys can spot something you or your former spouse may have overlooked.

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When a Child Custody Case Ends Up in Court

When all else fails, the disputing parties end up in court. In child custody cases, the family court will weigh various factors to determine what is in the best interest of the child. While the law doesn’t require you to have legal representation in a custody dispute, you could be risking your parental rights by representing yourself.

Here are just a few reasons why having an attorney is invaluable during a court battle:

• Attorneys have experience in your local court system, having worked with judges and other family lawyers
• Attorneys know filing deadlines and will keep track of hearing dates and appearances
• Attorneys know how to enforce your parental rights and can file motions and seek court orders in pursuit of custody
• Attorneys can advise you and work with the court if you need to make changes to your child support payments or custody arrangement
• Attorneys can act as a buffer between you and your spouse when communication has broken down, helping to de-escalate if tempers are running high

Having an experienced family law or dependency attorney ensures you understand local court procedures, know your rights, and have a dedicated guide helping you satisfy your Family Services Plan.

How To Find a Child Custody Lawyer

There are many avenues to finding the right attorney for your custody case. No matter where you begin your search, consider utilizing the following tried and true resources:

Attorney Referrals

Parents in custody battles often encounter a barrage of advice from friends and family members. Hear them out, especially those who have gone to court over child custody issues in the past. Their experiences and networking possibilities can be invaluable as you search for legal services.

Referrals can be a great way to narrow your search for an attorney. But they can be disorienting when you receive so many in such a short amount of time. Make sure the referred attorney has a proven track record with cases similar to yours.

Local Bar Associations

Another great way to find child custody attorneys is through state and county bar associations. With this method, you can perform a quick internet search for state bar associations. Often, these websites include databases of local attorneys from which you can begin setting up free consultations.

Legal Aid

Attorney’s fees can build up over time. Unfortunately, some parents do not have the financial means to afford the legal costs of defending their parental rights.

In these instances, parents are encouraged to explore legal aid options available in their area. If you cannot afford legal representation in your custody battle, ask your judge about being represented through legal aid.

Third-Party Services

Searching for attorneys can be time-consuming and stressful, especially if you’re in a draining child custody battle. Third-party databases like Super Lawyers can kickstart your search for qualified legal help.

Questions To Ask a Child Custody Attorney

Speaking to a child custody attorney for the first time can often be intimidating, especially because family law tends to dredge up emotions. Before sitting down with an attorney, consider which questions you’d like to ask them and what answers your ideal attorney might provide.

Here are a few examples to help get you started:

• Am I entitled to child support?
• Can I get a restraining order against my spouse if they endanger my and my children’s well-being?
• How can I file for sole legal custody of my minor children?
• Do I need an attorney if my former spouse and I seek joint custody?

Searching for the Right Family Law Attorney

Visit the Super Lawyers directory to find a custody and visitation attorney in your jurisdiction.