Child Custody Concerns: When You Should Have A Lawyer
Posted on: 25 August 2021
Divorce is a complex process with or without children, but when children are involved, it creates a totally different dynamic. You'll have to establish child custody as well as the divorce settlement in this case. With so much wider accessibility for court paperwork and information, more people are filing their own cases trying to save money. You may be wondering if you can file your custody case on your own, or if you need to retain a child custody lawyer to help you along the way. Here's a look at some of the instances where it's in your best interest to retain an attorney to help.
Does Your Ex Have A Lawyer?
Perhaps the most common reason to retain the services of a child custody lawyer is that you have found yourself faced with a lawyer on the opposing side of the case. If your ex has hired a lawyer, it's in your best interest to hire one as well.
Trying to oppose an attorney in the courtroom will leave you at a disadvantage because you lack the legal education, training, and experience that a licensed attorney will have. Don't set yourself up to fail by representing yourself when your ex has a lawyer. Reach out to a child custody lawyer yourself to keep the odds fair.
Is Your Ex Being Difficult?
If you have any reason to believe that your ex may give you a hard time about the custody agreement, or if your ex is fighting you about the time division, you'll want to make sure that you hire a lawyer. No matter what aspect of the child custody agreement your ex is fighting, your lawyer can help you to present your side of the case to try to have the custody order issued in your favor. Additionally, your lawyer can help you combat any negative claims if your ex tries to make any false accusations.
Will Your Ex Try To Call You Unfit?
When a child custody battle becomes particularly contentious, you might worry that your ex could try to declare you an unfit parent. If you have any reason to believe that your ex will try to gain sole custody and have you declared an unfit parent, you'll want to reach out to a custody lawyer immediately.
Declaration as an unfit parent is difficult in court, but it isn't impossible. You'll want to make sure that you have legal representation to minimize your risk as much as possible and also to protect your legal rights to your children.
Are You A Victim Of Abuse?
If the other party in your custody case has abused you, or you believe that your children have been abused, you need to retain an attorney before you file your child custody case. Your attorney can help you establish the history of abuse or your concerns about your children's safety. They can also request that, if visitation is granted, it will be supervised only. This will help to ensure that your children are protected.
Is Your Ex Not Following The Custody Agreement?
Whether your ex is keeping the kids longer for visitation than the agreement allows or isn't showing up for scheduled visitation or phone calls, violating the custody agreement doesn't reflect well on your ex.
If you have tried everything that you can think of to try to enforce the custody agreement and your ex is still behaving in violation of it, you should reach out to a child custody lawyer right away. Your child custody lawyer can file a claim with the courts to have your ex held responsible for their disregard.
This helps to ensure that your custody agreement is followed and adhered to, or consequences are faced. When you're otherwise at a loss and you need cooperation, reaching out to a lawyer is the best next step because they can help you seek enforcement.
For more information, contact a local child custody lawyer.
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