Three Family Law situations Where a Child Custody Attorney Is Necessary

Three Family Law situations Where a Child Custody Attorney Is Necessary




There are some family law situations that may affect a child’s legal rights. Most parents are eager to know if they will live with their child or if they will have a role in the raising them. Although the cost is a factor in such situations, enlisting the help of a child custody attorney will help protect the rights of all parties involved. Here are situations in which legal help is recommended to come to a mutual consensus.

1. Divorce situations

In divorce situations, parents surprise how the visitation and sustain issues will get resolved. Some important points that come up include financial sustain, character division, and visitation. These factors determine the right approach to resolving the legal issues. In this situation, a lawyer helps the divorcing associate to reach an agreement that will assistance their kids. The associate may opt for an informal settlement negotiation or mediation with the help of a lawyer. If this fails to work, they may want to bring the case to a court of law where a estimate can estimate the case.

2. Unmarried parents situations

There are also situations where the parents are unmarried. In most states, the legal rights are usually awarded to the mother. However, the father can take a legal action to get some form of visitation and guardianship rights in addition. The legal approach for divorce situations nevertheless applies to unmarried parents situations. The parents can decide to talk to a child custody attorney and reach an agreement. If the mother is reluctant, then the father is free to proceed to take the case to court. Unlike divorce situations, the resolution for unmarried parents is uncomplicated as there are no factors such as character division and spousal sustain.

3. Non-parental situations

Also known as third-party custody, non-parental situations are types of situations where other people aside from the biological parents may want to acquire the guardianship rights. Such people may include close family friends, uncles, aunts, and grandparents. The state usually provides the correct approach that these people can use to claim custody. A person can seek the help of a lawyer when filling the non-parental appeal with a family court. The appeal should address three important questions: the person’s relation to the child, the state of the biological parents (living or dead) and the reason for claiming guardianship. If the parents are living, they must be issued with a copy of the appeal.

Custodial situations can be complicated if the parents are unwilling to reach a mutual resolution. For this case, a child custody attorney will help address all the concerns regarding sustain and visitation. If either parent or both decides to take the matters before a family court, a lawyer will assist the parent in the legal course of action and the options they have after a court’s verdict. Additionally, getting legal help in such situations helps to ensure that the children will always have the sustain they need.




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