Thursday, September 22, 2016

Three Family Law Cases Where a Child Custody Attorney Is Necessary

There are some family law cases 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 cases, enlisting the help of a child custody attorney will help protect the rights of all parties involved. Here are cases in which legal help is recommended to come to a mutual consensus.

1. Divorce cases

In divorce cases, parents wonder how the visitation and support issues will get resolved. Some important points that come up include financial support, property division, and visitation. These factors determine the right approach to resolving the legal issues. In this situation, a lawyer helps the divorcing couple to reach an agreement that will benefit their kids. The couple 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 judge can evaluate the case.

2. Unmarried parents cases

There are also cases 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 as well. The legal approach for divorce cases still applies to unmarried parents cases. 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 cases, the resolution for unmarried parents is uncomplicated as there are no factors such as property division and spousal support.

3. Non-parental cases

Also known as third-party custody, non-parental cases are types of cases where other people aside from the biological parents may want to obtain 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 petition with a family court. The petition 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 petition.

Custodial cases 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 support 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 process and the options they have after a court's verdict. Additionally, getting legal help in such cases helps to ensure that the children will always have the support they need.

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