How a Family Law Attorney Can Help in Custody Cases

Family issues get more complicated with legalities added in the mix, even more so if the children are involved. In the United States, approximately 13 million custodial parents are responsible for raising 21.9 million children under the age of 21, highlighting the significant number of custody cases.

Custody arrangement is an emotional and often complicated process, and though both parents want what’s best for their kids, disagreements still happen. This is where a family law attorney can make a big difference.

According to family law attorney Stephane Quinn, custody disputes can quickly escalate when parents disagree on living arrangements or decision-making authority. In such cases, the court will step in to determine a custody arrangement that best serves the child’s interests, not the preferences of either parent. 

Having legal custody implies the right to make decisions for the child’s upbringing, whereas physical custody involves deciding where the child will live and with whom.

The custody may be joint, that is, held by both parents equally, or sole, awarded to only one. There are many considerations, but the court first must take into account the best interests of the child. Let’s look at how a family law attorney can help in custody cases.

1. Provide Expert Legal Guidance

All matters of child custody laws and procedures are state-specific. Family lawyers can help you with the terminology and procedures, your rights, and what a court looks into in making a custody order. 

Family law firm Evans, Bulloch, Parker PLLC recommends seeking the assistance of a family lawyer if couples are going through divorce. A divorce or change in the family structure is unavoidably stressful, particularly if it involves children or substantial assets. You need the legal guidance to protect yourself and your children. 

2. Negotiation and Mediation

Most child custody cases settle out of court through negotiation or mediation. Lawyers in either field work with parents to promote a cooperative agreement in the child’s best interest. You can achieve more satisfying results in an atmosphere less emotionally charged for all the parties involved.

3. Representation in Court

If a custody dispute proceeds to litigation, then it is necessary to have an attorney to represent you in court. The attorney will set forth evidence in your favor, cross-examine witnesses summoned by the opposite party, and advocate your interests. The presence of an attorney will weigh heavily in the court’s decision.

4. Enforcement of Custody Orders

Once a custody arrangement is in place, it is expected to be followed religiously. Should a parent violate the schedule or the conditions of the custody, it may be possible for a lawyer to enforce the order through the legal jurisdiction for the protection of your rights or the child’s best interests.

5. Modification of Custody Agreements

Life circumstances change; what was formerly a suitable custody arrangement may no longer be in the best interests of the child. The attorney may file a modification of the custody agreement in court if there are changes in the parties’ circumstances, such as relocation, that are in the best interest of the child.

6. Protection Against Unfair Practices

Sometimes, one parent may attempt to undermine the other parent’s bond with the child by making false allegations or using other unfair tactics. A family lawyer will advise you on counteracting such measures to prevent the child’s relationship from being jeopardized and to maintain the integrity of the legal process.

The Importance of Legal Representation

Research indicates that custody verdicts could be improved for defendants with legal assistance. More specifically, with either of the parents being represented by a lawyer, circumstances that allow a just and equitable custody arrangement are more prominent. 

Family law attorneys stand for the parents’ legal rights and ensure that the interests of the child become vital under any consideration.