It is always a nightmare when dealing with custody of child issues because there is always a guaranteed loser. These types of family disputes are among the worst to decipher because the judge will consider many things. The primary goal is to put the child’s well-being first and foremost.
An experienced attorney will have a better idea of which way the judge will rule in favor. Easy cases are those that never see the inside of the court building. These are agreements made by the parents before or during the divorce process. There is no dispute; everyone agrees, and the judge will sign off on the deal. We will examine when conflicts occur and how the attorney and court settle the disputes.
The Consultation Process
The consultation process is when all the information is given to the attorney, who will advise on the steps the potential client will face. It explains all the details of how the attorney can assist in getting the best results on what is best for the child. Initially, the consultation is free, but the attorney fees will be paid after all information is examined.
Once all parties agree, the client will sign an agreement with the attorney, and the attorney will take over from there. It helps ease the stress on the client, and the client can ask questions or comment on their concerns at any time while the case is ongoing.
There are few situations where the parents agree, and the lawyer can assist with such processes. When disagreements arise, they will end up in court for the judge to decide.
Full Custody or Joint Custody and Modifications
Full custody battles are among the most challenging and can sometimes get vicious. It is when one parent becomes the domicile parent, where the child spends most of their time. Most times, the mother has full custody, but this is not always the case.
Full custody cases consist of when the domicile parent has the child living with them, and the other parent has the child on weekends, every other weekend, or on shared holidays. In different situations, one parent was abusive and could only supervise visitation. The parent with full custody has the right to cut these rights off if the other parent harms the child or the parent, then restraining orders are placed.
The attorney will draw up a legally binding agreement for full or joint custody. Joint custody is where the parents have a schedule with the child and share their time accordingly with open communication. These situations occur when there is a peaceful fallout between the parents, and they still share the child’s best interest while both parents lead separate peaceful lives.
The attorney can also modify the agreements should one parent falter in the arrangements made. It is up to the domicile parent to get with the attorney to change the status, or the other parent may find fault with the domicile parent that harms the child’s well-being. In that case, they must contact their attorney to modify any agreements.
Child Support Payments and Modifications
Every state has its set laws concerning child support payments, but all are in the child’s best interest. Calculations are figured according to the cost of child care, health care bills, and the gross income of each parent. The court understands that hardships occur, and an attorney can assist in any modifications concerning job changes, job loss, and health issues that may arise without warning to either parent.
Gathering and Presenting Evidence
During the consultation, all evidence is gathered. When the case goes to court, the attorney will present all evidence in favor of their client to receive their custody and child payment rights wishes. The attorney is experienced in the law and will know how the judge will rule in each case.
Avoiding Emotional Decisions
There will always be emotional flare-ups when dealing with child custody cases. The judge will be watching for such feelings of anger or rage. It is the attorney’s job to keep their client’s emotions in check. They will speak on behalf of the client to keep these emotions at a minimum. The attorney will strongly advise the client on ways to stay calm in court and not make rational decisions that are selfish and harmful to the child’s well-being. If a parent takes the stand, it is a tale-tell-all issue that will feed the evidence within the case and show who the best option is for full custody. The attorney knows this.
Child Living Arrangements
The parent who is emotionally, financially, and physically able to tend to all the child’s needs will usually be awarded custody. Sometimes, the judge will speak with the child one-on-one in the chambers away from both parents and get a clear idea of the best-fit parent. The attorney can present the case to the judge to persuade them that their client is the best fit. The child’s answer about whom they wish to live with weighs strongly on the judge’s decision but is not 100 percent, especially if the child is under 12.
Grandparents Visitation Rights
Grandparents have as much right as the custodial parent to see the child. As we all know, there are two sets of grandparents, and many times they get overlooked in the visitation process during a divorce. A good lawyer will fight for the grandparents’ rights, who may have been cut off from seeing or spending time with the child. Free consultations are also available for them, and they can set aside convenient days for everyone.
Contact Trapp Law, LLC for Family Law Custody
If you need an attorney handling family law custody, Trapp Law, LLC is experienced in handling these challenging situations. The situation will be reviewed, and the next step will be moving forward with the case. The child’s well-being and future are at stake. If you need a family law attorney, contact us immediately!