Arranging child custody can be a very trying time. While it is possible for both parties to proceed without an attorney (if both are amicable and agree, for example), there are situations that require the counsel of a professional child custody lawyer. Let’s take a look at when that situation could arise.
Child’s Best Interest
What is in the child’s best interest? If both parents can’t agree on the answer, then a lawyer is necessary. Every state has different guidelines for a child’s best interest, but a few common guidelines are:
- Emotional connection to siblings, parents, and other family
- Parent’s financial state
- Parent’s health – physical, emotional, and mental
- Special needs
- Presence of domestic violence in either home
If the child is considered mature enough to make reasonable decision, courts must also take into account the child’s wishes.
Parent’s State of Residence
Do both parents live in the same state? If the answer is no, a lawyer is needed. When parents live in different states, the child’s home state is the state whose laws will apply to the dispute. For a state to be considered a child’s home state, the child must have lived in the state for at least six months and the custody case must have begun in that state.
Unmarried Parents
In most cases, the law will give the mother primary custody. That does not mean the father has no case. If the father’s name is present on the child’s birth certificate, both he and the mother must have equal standing in court. If the father’s name is not on the birth certificate, he must be able to prove the mother unfit for custody to have a case. If the father can prove paternity (even with his name absent from the birth certificate), he may be able to gain partial custody or rights. In this case, it is in the father’s best interest to have a skilled attorney working on the case.
Nonbiological Parent
Courts will almost always favor a child’s biological parents. If both biological parents agree to grant you custody, the process will go smoothly. If they do not agree to grant you custody, you will need to consult an attorney.
Religious Disputes
This only applies when one parent claims the other parent’s religious choices will negatively impact the child. You will need a lawyer to research to determine if you have a case then represent you in the case.
So, when can I handle the case on my own?
If all parties agree, you can choose to draft a formal written agreement and submit it to a judge on your own. Please be mindful of required legal processes, even in non-disputed cases, to prevent problems later.
*Please note this is not intended to provide complete legal counsel. Please consult your attorney before making any legal decisions*