Questions to Ask an Attorney About Child Custody
Custody matters can be confusing, so it’s important to find the right attorney. Here are 10 questions to ask a child custody lawyer.
It’s important to fully utilize your attorney’s expertise and feel completely comfortable. Don’t hesitate to ask them questions about his or her experience, your case, and how they can ultimately help you keep custody of your child.
1. What’s your experience?
Before proceeding with the attorney, make sure to ask them about whether their qualifications. Your attorney should have experience specifically resolving child custody disputes in your local area. Ask them how long they’ve been practicing law and whether they’ve handled cases similar to yours. An attorney without prior experience in California’s custody laws can mess up your case, so hire an experienced attorney that practices child custody or family law.
2. How is child custody determined?
Child custody is ultimately ordered by a judge. When ordering child custody, a judge will attempt to protect and uphold the child’s best interests. A judge will consider the following factors when determining child custody:
- The best interests of the child
- Each parent’s ability to care for the child
- Each parent’s emotional stability
- Whether there is a history of domestic abuse or substance use
- Which parent the child wants to live with (if the child is over the age of 12)
Based on the factors that determine child custody in California, your attorney can better create a legal strategy for your case. If you want to keep custody of your child, it’s important for you to know how the judge will make a decision.
3. What’s the difference between legal and physical child custody?
In the eyes of the law, there are two types of child custody: physical and legal custody. Physical custody includes caring for and living with the child, while legal custody refers to having the legal authority to make decisions on the child’s behalf. A parent with physical custody of the child does not necessarily have the right to make substantial decisions on their behalf. For a parent to legally make decisions for or spend time with a child, a judge must decree a child custody order that specifically grants them those parental rights.
4. How will my child’s visitation schedule be decided?
The way your child’s visitation schedule will be decided depends on the setting in which the matter is discussed. If custody is being resolved in mediation, both parents will work together to reach a mutually satisfactory schedule. In court, a judge will custody terms and schedule detailed in the Request for Order, which specifically states a parent’s preferred custody schedule. Also, one or both parents can bring a proposed custody schedule, which the judge may take into consideration.
5. I’m an unmarried mother. Do I need to file for child custody?
Under California law, unmarried mothers automatically have physical and legal custody of their children born out-of-wedlock. Single mothers do not need to file for child custody in order to legally make decisions or car for their child. However, unmarried fathers can establish legal paternity and attempt to take away some or all of the single mother’s custody rights. It’s important that unmarried mothers recognize and defend their custody rights by hiring a skilled child custody lawyer.
6. Should the custody case be taken to court or mediation?
The end result of any child custody case is to reach a final custody order. Custody orders can be reached in either mediation, arbitration, or court. Speak with your attorney and ask what setting is best for your custody issues to be resolved. If you and your spouse are willing to come to terms in a respectful and civil manner, mediation may work for you. Your issues may be best settled in court if you and your child’s parent tend to get heated in arguments. Make sure that your attorney gives you the honest truth, not sweet-talk just to get your business. Asking this question can not only give you insight into your own case but also into the attorney’s ethical standards.
If you’re looking for an experienced mediator, contact Her Lawyer. We’ll get you in touch with the right mediator for your unique case.
7. Does the level of custody affect child support?
The short answer is that yes, the level of custody each parent holds (among other factors) affects child support payments. A lower-earning custodial parent is likely to receive child support from a higher-earning noncustodial parent. The more custody a custodial parent has, the more likely they are to receive a greater amount of child support. Explain the specific details of your custody matter to the attorney, then ask them how they believe child support can be affected. Your attorney should be straightforward about this.
8. What should be in the child custody agreement?
Your final child custody agreement should include:
- Legal custody terms
- Physical custody terms
- Visitation terms
- Specific visitation and custody schedules
- How the agreement can be changed in the future
- How holidays and special events will be treated
- How the parents will communicate
- How parents will resolve issues regarding the child or order
Ask the attorney what other provisions should be included in the agreement as well. Once agreed upon and drafted in mediation, the final custody agreement will be submitted to the court for a judge’s approval.
9. How can you help me get custody of my child?
Ask the attorney how they specifically can help you get custody of your child. Have them tell you a detailed course of action that will be taken over the coming weeks or months. Inquire about what they, compared to another child custody attorney, can do to help you get custody of your child. Their qualifications, experience, and legal strategy may deem them capable of being your attorney. Make sure that you feel comfortable with your attorney before hiring. Switching attorneys mid-case can jeopardize your parental rights, so make sure to find and stick with an experienced attorney. For more information on how to find the best child custody lawyer for you, click here.
10. What’s Next?
Once you’ve asked these questions, consider how comfortable you feel with your attorney. Your attorney’s experience and professionalism can have a significant impact on the outcome of your case. t’s important that you know you’re choosing the right one. If you feel that this lawyer’s the right fit for your case, ask how you should proceed. Ask what papers you should bring to the next meeting, and inquire about their price. For more questions to ask a child custody attorney before hiring, click here.
Contact Us
If you or a loved one is wondering what questions to ask a child custody lawyer, contact us. We’ll get you in touch with the right attorney in your local area for your needs. Our skilled, passionate attorneys protect and defend mothers’ custody rights. Your first consultation is free. We’re here to help you 24/7.