Get Legal Help with Custody/Visitation
By FindLaw Staff | Legally reviewed by Rhonda Earhart, Esq. | Last reviewed July 25, 2023
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Parents can sometimes negotiate their child's custody and visitation plan between themselves. Sometimes they need the help of a mediator.
Few areas of law impact people's lives more than child custody and visitation. Now that you and your partner are splitting up, you have many important decisions to make. With whom will the children live primarily? If disputes arise, how will you settle them?
They can then work with a family law attorney to draft a written parenting agreement. When emotions are running high, parents need help negotiating these important agreements.
An experienced family law attorney is invaluable in that process. And, of course, if an agreement cannot be reached, a child custody lawyer will help you bring a case to court. This article highlights how a family law attorney can assist you in a child custody case. It also highlights how you can choose the best child custody lawyer for you.
Get Legal Help With Child Custody
A child custody dispute can be one of the most stressful events imaginable. A child custody lawyer can help your family law case in a variety of ways, including:
- Providing you with legal advice and counsel
- Explaining the possible types of custody arrangements (legal custody vs. physical custody)
- Negotiating a custody agreement based on the best interests of the child
- Helping you participate in child custody mediation or attending mediation sessions with you
- Providing you with legal representation in family court
- Petitioning the judge for modification of a child custody order or preparing a defense against a requested change
- Taking your case back to court to address or prevent interference with your child custody rights
- Helping you create a parenting plan outlining parenting time for court approval, describing where the child primarily lives, and addressing how the decision-making process for the child will occur
- Representing your interests if your child's other parent wants to relocate to another state
- Advising you about your child support rights
Get Legal Help With Visitation
Parents often cooperate well to ensure their minor child gets time with both parents. But sometimes life circumstances, honest disagreements, or lingering bad feelings can impede child visitation. A child custody attorney can assist by:
- Advising you on your visitation rights
- Negotiating a visitation schedule
- Advising you as you mediate a dispute about the visitation order
- Representing you in family court if you need to modify a parenting schedule
- Initiating legal action to prevent interference with your visitation rights
- Protecting unmarried fathers' visitation rights
- Helping grandparents seek visitation rights
How To Choose a Family Law Attorney
Family law attorneys are extensively trained in handling child custody and visitation disputes. Many attorneys in this field of law find it meaningful to assist clients during a difficult and demanding time. Many family law attorneys help with more than just legal representation or legal services. They make it a point to help clients' mental health and well-being during a difficult time.
Your attorney will be a trusted legal adviser and advocate. It's important to find one that you feel comfortable with. All lawyers have strong people skills, but there is no area of law where this is more true than family law. They will advise you about your parental rights, establish parentage, and help you get or maintain custody of the child.
Lawyers can also help in domestic violence or child abuse situations. They can help you get necessary court orders. They can also help you with spousal support orders or obtaining legal separation. Family law attorneys are able to competently differentiate between custody terms such as "joint legal custody," "sole physical custody," and "shared physical custody."
A top-notch family lawyer will have a mixture of traits. They will be sensitive to their client's needs, have finesse in dealing with opposing counsel, and be tough when protecting their client's interests. But first, make sure they are in good standing with your state's regulatory bar association.
Get Legal Help for Your Custody and Visitation Case
Figuring out child custody and related issues can be daunting, both legally and emotionally. Your attorney will advise and fight for you. They will match wits with opposing counsel and defend your rights. They will give you legal advice concerning the child custody laws of your state. From there, you can find the right attorney to represent you in court.
If you need legal help, contact a family law attorney near you.
Can I Solve This on My Own or Do I Need an Attorney?
- Both parents can seek custody of their children — with or without an attorney
- An attorney can help get the custody and visitation agreement you want
- An attorney will advocate for your rights as a parent
A lawyer can help protect your rights and your children's best interests. Many attorneys offer free consultations.
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Don't Forget About Estate Planning
Once new child custody arrangements are in place, it’s an ideal time to create or change your estate planning forms. Take the time to add new beneficiaries to your will and name a guardian for any minor children. Consider creating a financial power of attorney so your agent can pay bills and provide for your children. A health care directive explains your health care decisions and takes the decision-making burden off your children when they become adults.