Get Legal Help with Custody and Visitation

By Jade Yeban, J.D. | Legally reviewed by Rhonda Earhart, Esq. | Last reviewed October 31, 2024

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Few areas of law impact people's lives more than child custody and visitation. You’ll have many important decisions to make for yourself and your child. When legal problems are personal, you may need reliable guidance.

Parents can sometimes negotiate their child's custody and visitation plan between themselves. Sometimes they need the help of a mediator. 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.

How Legal Help Eases Child Custody Cases

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 for joint legal custody
  • Representing your interests if your child's other parent wants to relocate to another state
  • Advising you about your child support rights
  • Helping grandparents or other family members seek legal custody

How Legal Help Can Ease Visitation Cases

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:

Legal Protection for Sensitive Family Issues

In cases where domestic violence or substance abuse is present, the child's safety becomes the top priority. Courts will take any evidence of violence or abuse seriously. It could lead to the abusive parent losing their parental rights, or their custody rights could be severely limited.

Lawyers can 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 a divorce case.

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.

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.

Legal Fees, Legal Costs, and Fee Agreements

Regardless of the legal issue, you should fully understand the fee agreement and how your attorney will charge for their services. The arrangement determines legal fees, so make sure you know how it will ultimately affect your pocketbook before you agree.

Your attorney may have a fixed hourly fee, a contingency fee, or a flat fee for the entire process. Or, they may have a flexible arrangement.

In addition, you may be billed for various legal costs, such as:

  • Paralegal time
  • Postal charges
  • Photocopying
  • Consultants
  • Travel expenses
  • Court reporter costs

These are the extra things an attorney pays for during your case. Such costs should be itemized on your bill.

Some attorneys also offer pro bono (free) legal counsel. This is especially common for low-income families. These lawyers often work with the state bar association and local legal aid societies.

Get Legal Help for Your Custody and Visitation Case

Figuring out child custody and related issues can be daunting, both legally and emotionally. Self-help resources might not be enough to protect your interests as a parent or grandparent. Your attorney will advise you and defend your rights.

Get legal information specific to the child custody laws of your state. Contact a family law attorney to start learning about your options.

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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.

Start Planning