Tips & Advice
What are the different types of child custody?
Legal custody allows a parent to make major life decisions for a child. Sole legal custody allows one parent to make all legal decisions for a child; with joint legal custody, this responsibility is shared by both parents. Physical custody determines with which parent a child will live. With sole physical custody, a child lives with one parent, and the other parent could be granted visitation. With joint physical custody, the child usually splits time equally between parents, living with one parent for one part of the week, month or year, and spending the rest of the time with the other parent.
What does a child custody attorney do?
A child custody attorney represents a parent's interests and provides legal counsel to their clients before a case goes to trial. Once the case has been taken to court, child custody attorneys are responsible for gathering and presenting evidence designed to convince the court that their clients should gain or retain custody of their child or children.
How much does a child custody attorney cost?
Throughout the course of a custody dispute, it can cost anywhere from $3,000-$40,000 or more to retain the services of a child custody attorney. The nature of the custody dispute will also influence the total cost. If one party is uncooperative or is seeking sole custody, this can result in increased legal fees.
What is a child custody lawyer?
A child custody lawyer specializes in handling child custody cases. If parents with one or more children divorce, arrangements will have to be made regarding child custody. In these instances, a parent can hire a child custody lawyer to serve as an advocate in legal proceedings.
What type of attorney can help with child custody?
An attorney who specializes in family or custody law can help with child custody. These attorneys have the training to help clients win legal guardianship of children and/or negotiate any custody terms. When choosing a child custody lawyer, it's a good idea to seek references from friends, family members, the state bar association, and court clerks at your local court office.
What is a child custody schedule?
A child custody schedule pertains to visitation rights, and might go into great detail as a court-ordered breakdown of when a child lives with and spends time with each parent. It is not uncommon for child custody schedules to be broken down by the hour, established months in advance.
Primary custody is the classification for the parent with whom the child spends the majority of their time in unequal joint physical custody distributions.
The legal definition may vary somewhat by state, but joint custody generally refers to a dynamic in which both parents retain physical custody rights after a divorce. This typically means the child spends time at two homes and, technically, has two different addresses.
Can a child custody ruling be reversed?
Yes, but in most states and jurisdictions, the “bar” for so-called abuse of discretion is high. In order to overturn a custody decision, the guardian in question must be proven to have violated specific terms of the agreement in a manner so egregious that the child was endangered or otherwise put at serious risk.
What are the primary factors taken into consideration during custody cases?
The foremost consideration is almost always a suitable living space for the child. Social services might inspect a home to ensure it meets certain standards for public health, in addition to providing a positive and loving environment. Beyond that, the court will look at the custodian in question’s less tangible connections with the child, particularly in third-party cases, to ensure they are providing the best possible care. Work history, income, personal health and any official legal records will all be taken into account. The opinions of the children, or child, also might be taken into account.