The importance of a child custody attorney
Fighting for a child custody is definitely a frustrating experience, especially when a couple that`s getting divorced cannot agree on certain terms or need to modify an agreement. Of course, both parents need to work in child`s best interest, but sometimes people forget about that. Keep in mind that the whole process may be very traumatizing for your child, so you need to do anything possible to prevent further stress. Whatever the circumstances are, a child custody lawyer with a lot of experience will guide you through the whole process and file all the necessary paperwork. He or she will help you understand the laws and what are the implications of your specific actions.
What if the parents can`t agree on the child`s best interest?
This question is considered to be the most important principle for child custody cases. Although each state has different standards for determining child`s best interest, they can all come down to the next seven:
• Financial status of each parent.
• Mental emotional and physical health of each parent.
• Special needs of the child.
• Criminal records of both parents.
• The child`s emotional connection to their parents, siblings or other relatives.
• The question of the domestic violence in both parent`s homes. In order to keep custody of your child, you must give your best to be on the right track.
What happens if the parents aren`t married?
Usually mother has the primary right to custody, but if a father thinks that the child`s mother is unfit to raise the child properly, he has all the rights to file for custody. They will both have equal rights in the court if the father`s name is on the birth certificate. In case his name isn’t in the birth certificate, he is less likely to win in court, but he can gain some partial custody rights.
What can be done if parents live in different states?
You need to consider that each state has its own laws related to the child custody issue. But, only the child`s home state laws apply. When the custody case begins, the state in which the child lives is considered to be the home state only if the child have lived in that stat for at least six months.
Of course, a custody lawyer won`t be necessary if all parties agree on the custody terms. So, if parents make an agreement, they just need to present it to a judge to get an approval.
If you`re considering to start a divorce process or if you`re already in the middle of it, you should contact an experienced lawyer. The process of divorcing and fighting for a custody is very painful and stressful experience, so you should hire a lawyer just to ensure that everything will run smoothly. If you need to get help today, maybe the best choice would be to call the
Law Office of Thomas K. Mallon. With over 14 years of experience, you can rest assure that he will help you resolve your issues favorably.