Child custody

The types of custody

Child custody is a form of a guardianship of a child under 18 years old. The custody becomes the most important matter during the divorce trials if the couple has children. The custody is divided into physical or legal. Physical custody means providing the child with everything necessary for him or her, for example the housing, financial security, education, fulfilling the child’s needs. Legal custody is about the right of a parent to make decisions concerning the child, such as medical treatment, religion and insurance. When one parent receives a primary custody, his or her ex-spouse usually gets visitation rights. In some cases the parent may be forbidden to visit a child.

The primary custodians

The right of being a privileged custodian was traditionally given to a mother. However today the views on this subject have changed and the primary custody can be given a father, if the child’s mother is not able to provide a child with proper conditions.

Seeking a lawyer

Turning for help to the custody attorney during the divorce is necessary, as this is a specialist who will assist you in the issues of the custody. The specialists of such kind should have a developed understanding of the family law and know how to adjust to the different and unexpected situations.

Before a discussion of your case with a lawyer you have to decide what you expect from your ex-spouse. The family law has some certain flexibility and there are questions that must be discussed out of the trial. If you both find a way to come to conclusion, you will need to represent your resolution to the custody lawyer, so that your attorney can know what you expect him to do. Discuss with the lawyer all the details of your divorce. Do not forget to inform him about the things that might be used as evidence against you on trial.

What your lawyer might need

Bring with you the documentation of assets and birthrights, all of them might be in handy for giving child custody advice. In order to gain a particular advantage on court, you may try using evidence of your ex-spouse’s wrongdoings and/ or the negligence. Remember that the attorney’s task is to facilitate the trials as much as possible, so do not hesitate to as him or her questions if something stays unclear for you.

Where to find a lawyer

In case there is someone among your family or friends to lend you a helping hand in this issue, it is a good chance. Unless you have any one to recommend a legal aid divorce lawyer, you can keep searching on your own. It is a good idea to start with a Sate BAR where you will find all the necessary information concerning the lawyers and the cases. Using Google might be useful as many respectful family law firms upload information about their lawyers including their fees, experience and education.

There are some notes you should take into account while choosing an attorney. They include education, experience and the level of professionalism. Education goes without saying, as attorneys are obliged to have a law license. Experience plays a great role, especially the experience in the cases similar to yours.