{"id":351637,"date":"2020-05-15T14:03:59","date_gmt":"2020-05-15T19:03:59","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/family\/child-custody\/do-i-need-a-lawyer-for-child-custody.html"},"modified":"2023-05-28T15:28:30","modified_gmt":"2023-05-28T20:28:30","slug":"do-i-need-a-lawyer-for-child-custody","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/family\/child-custody\/do-i-need-a-lawyer-for-child-custody.html","title":{"rendered":"Do I Need a Lawyer for Child Custody?"},"content":{"rendered":"\n
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Do I Need a Lawyer for Child Custody?<\/h1>\n
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\n By Jade Yeban, Esq.<\/a> | Legally reviewed by Melissa Bender, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

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Although some divorcing or separating parents can negotiate a child custody agreement on their own, a lawyer can help them avoid pitfalls. They understand family law and can best advocate for you and your child.<\/p>\n\n <\/div>\n\n

Whether you need a lawyer for child custody depends largely on whether you and your co-parent can agree. If you are preparing for a fight, you will want to consider legal help, but you have options.<\/p>\r\n

This article discusses the different options available to parents seeking custody of their child.<\/p>\r\n

Isn’t Child Custody My Decision? Do I Need to Go to Court?<\/h2>\r\n

In child custody cases, the family law court system looks at the best interests of your child to determine the custody of the child. This can include both the physical and legal custody of a child. If parents share custody, this is joint custody<\/a>.<\/p>\r\n

While child support considers the money needed to raise a child, a custody hearing (sometimes called a child custody "battle") considers the visitation rights<\/a> and parenting plan that most benefit your child.<\/p>\r\n

You are not alone if you feel frustrated that a court can tell you what is best for your child. Many parents think a custody order (also called a "custody agreement") should be decided by the parents, not a family court. If parents can find a solution that works for both of them and, more importantly, is in their child’s best interests, they can present that solution to a judge and avoid a courtroom battle. But many parents cannot find a solution independently and at least need mediation, if not a judge’s input.<\/p>\r\n

If you think the custody of your child<\/a> should be your decision, but you cannot find an agreement with the other parent, then you have some options when going to court.<\/p>\r\n

Option 1: Not Having Legal Representation From a Child Custody Attorney<\/h2>\r\n

You do not need to have an attorney for a custody dispute in most states<\/a>. Representing yourself in court is your right and can have pros and cons.<\/p>\r\n

The obvious pro is that you will save money on legal fees<\/a>. But going to court generally means the parents cannot find a solution, so you are looking at a complex process before you even get to the courtroom. You may need to take time off of work and put in hours of work to prepare your case.<\/p>\r\n

The lesser-known cons of not having an attorney are:<\/p>\r\n