The stress and emotional turmoil can be overwhelming when you are going through a divorce. This situation can be escalated from bad to worse when a child is involved. The most complex and emotionally drenching issue in a divorce proceeding is that of child custody. The legal issues of divorce often tend to mix up with the emotional and personal issues that led to the end of the relationship, and arguments over child custody only complicate the situation further. Although the primary objective of the court is to ensure the complete welfare and safety of the innocent youngster, the outcome may not be perfect every time.
It is crucial for the parents to remember that the actions both during and outside of legal proceedings can have an impact on the child’s well-being and ongoing relationship with them. There are many variables and legal processes involved in such cases and hiring a legal professional to guide you through the lengthy legal process can make an enormous difference. Nowadays, many courts prefer for the parents to work together to create a parenting plan. But if that fails, the judge will decide it for both the parents and almost every state’s child custody laws determine custody and visitation issues based on the best interests of the child standard.
The Professional Divorce And Child Custody Lawyers – Why Do You Need Them
It is not mandated by the court to hire a lawyer to represent your case in the court of law. But since these cases are personal and emotionally drenching for the parents as well as the children, there are chances that they might choose poorly which will affect everyone. The divorce and child custody cases require a tremendous amount of paperwork and legal procedures which can be quite daunting for someone who is not a professional lawyer.
As mentioned earlier, usually the court prefers that couples work out as many details of their custody agreement as possible, as parties are more likely to live by an agreement that they have had a hand in creating and it minimizes the hostility that can result when parties litigate custody. But without professional guidance, such mutual and amicable arrangements are hard to attain. And when the disputing parents fail to come to an agreement, then the child support attorney can petition the court on your behalf for custody.
During the taxing and long arguments before the judge, a lawyer can help you during a custody dispute by communicating objectively and impartially on your behalf. While arguing, a professional lawyer will always be calm while assertedly advocating for you and able to communicate effectively with the court and other involved parties. The child custody lawyer is experienced and skilled to modify the child custody agreements which are needed when accommodating the changing schedules, home locations, or other issues that may present while the child is a minor. The lawyer also ensures that the person does not violate any conditions of the agreement.
Sometimes, both parties who are initially cooperative with one another can be engaged in a hostile activity when touchy issues appear before the court. Having an attorney handle the legalities of court proceedings, as well as representing you in mediation or in court helps to handle the situation in a civil manner. If your ex-partner is attempting to limit your contact with your child, your lawyer will confront you on behalf of you and arrange the type of custody agreement that you are seeking. In addition to that, if you have to take classes or participate in treatment mandated by the court, a child custody lawyer can help you navigate the court system while holding onto your parental rights.
Financial Issues – Can You Afford A Child Custody Lawyer
Actual costing depends on a lot of factors and the complexity of the case itself. The exact amount depends on the fees of the lawyer, the charge of filing the case, and the fees of any other specialist or expert you decide to consult. However, in complicated cases like parental kidnapping where a parent refuses to share physical custody, the lawyer could expect to put in more hours than what was first anticipated and hence you have to pay more as the lawyers usually charge by hours. If you cannot afford a lawyer, legal aid may support child custody lawyers for mothers & fathers. Legal aid offices merely help people with very low incomes; Some have more flexible income rules.
The factors that can impact the expenses associated with child custody disputes are mentioned below:
- Kind of custody dispute: it is quite obvious that, if the parents come to a mutual agreement on the custody, the cost is reduced significantly. However, mediation is not totally free of cost, mediators are typically paid hourly, and cost anywhere between $100 and $300 per hour. But if the parents are adamant to receive sole custody and will not compromise or cooperate, the dispute will proceed with depositions, filing motions, excessive court time, and hiring child psychologists and other experts. It might get worse like a parent refusing to share physical custody to the point of parental kidnapping. If the case is straightforward, the lawyer’s fee may vary between $3,000 to $20,000 of flat or hourly fee. Other types of fees such as consultation fee, referral fee and retainer fee may be involved.
- Specialist and expert witnesses: some cases require the assistance of a specialist or an expert, such as a child psychologist for custody evaluation. This process involves tests, interviews, and professional observations. The cost ranges from $1,500 to $6,000 and it will increase if the parents fail to settle the custody case quickly and amicably.
- Miscellaneous cost: the additional legal fees are like $30 needed to pay the sheriff or a third party process server to serve the other party, legal papers that need to be filed with the court can cost as little as one dollar, or as much as $300. The mediation ordered by the court may be free or rather costly.
The Lawyer Hiring Process – Some General Considerations
When you need a lawyer, you should proceed logically and consider the whole situation. At first, ask your lawyer a series of relevant questions:
- What is the field of expertise of the lawyer
- How much experience and how long has the lawyer been practicing such cases
- What is the strategy
- General opinion on the case
- How frequently will the lawyer contact you and keep you up-to-date
It can be challenging to hire the right lawyer who is trustworthy and honest. The online resources can be a great help to single out the prominent candidate. Once you find some reputable lawyer or law firm after searching on Google, you should call and book a consultation, summarising for them the details of your case, any problems you feel you may face, and asking any questions you may have. To learn about their track record and qualification, browse their website and social media profile.
During the selection process, you have to avoid some common mistakes, too. If you happen to make a lot of mistakes in the hiring process, then you may end up being dissatisfied with the services you get. Here are some points to be avoided-
- Rushing into things: although you have to hurry to appoint a lawyer, you have to go through the process carefully and take necessary time. Doing some research beforehand is very important.
- Hiring the lawyer based on the fee only: it is quite common for people to assume that the higher the fee, the more quality service you will get. But it’s not always true because most family lawyers have hourly rates and retainers, and are willing to produce a payment plan that works for your budget. You have to hire a custody lawyer who will dedicate enough time and effort for your case. Sometimes, the highest paying and reputable lawyers may have immense workload and you will not get the desired service in that case.
- Hiring a lawyer with wrong experience: since there are so many different branches of law and types of lawyers specializing in specific legal fields of family law that it can be difficult to know where to start. To get the desired outcome, you must have to hire a lawyer with relevant experience and field of expertise.
- Lack of communication: you have to communicate with your lawyer candidly and you have to understand the strategies your lawyer has. If you fail to comprehend what your lawyer wants to tell you or you have any doubt about the honesty, you should not ignore these red flags.
At first, hiring a lawyer for divorce and child custody lawyer is a daunting process. Unless you have a deep insight into family laws, it may be difficult to hire the right type of lawyer. Since the future of your children is involved, you have to tread carefully and find a well-suited lawyer from many other experts who can offer the right legal services and advice.