Are you facing a divorce? You may also have to deal with the issue of child custody, which may require the assistance of a child custody attorney. While going through the divorce, you are probably looking for guidance in your decision whether to hire an attorney. This article will provide useful information about the circumstances in which it is very advisable to consult an attorney. There are a significant number of reasons to hire a child custody attorney. Let us look at some of them.
Major Life Changes
When one of the divorced parents has decided to relocate, remarry, or make another important change in their living situation, it may be a good decision to hire a child custody attorney as a representative.
Your Former Spouse Prevents You From Visiting Your Child
He or she has illegally decided to limit your contact with your child. Sometimes, he or she denies you visits or cancels them at the last moment. When facing such behavior, an experienced child custody attorney can be of great help.
Do you and your former spouse live in different states? Then, you need to take into consideration the custody law applicable in each state. Dealing with the case alone is a hard enough, but your rights may be significantly affected by the differences in child custody law in those states.
Parenting Classes and Beyond
Has the court ordered you to take parenting and/or anger management classes, or even enroll into a drug and/or alcohol treatment program? Obviously, this is not the best situation you may find yourself in. Moreover, if you believe these measures were unfairly imposed, it is necessary to hire a child custody attorney.
Notice of Custody Hearing
You have suddenly received a notice that you must appear in court for a custody hearing. It is important to carefully consider the circumstances to understand whether you need a child custody attorney. However, keep in mind that a skillful custody lawyer will protect your rights and help to get a clear understanding of the legal process.
Modification of a Custody Order
As we have already mentioned, each state has distinctive laws and regulations regarding child custody. However, here is a look at some standards applicable in California.
”Child custody and visitation orders generally are modifiable throughout the child’s minority whenever the court finds a modification is “necessary or proper” in the child’s best interests. This is called the “best interest of the child” standard. Although the statutes governing custody adjudications only require courts to ascertain the child’s best interest, the best interest standard has an added twist once a “final” judicial custody determination is in place: A party seeking to modify a “permanent” custody order can do so only upon a showing of a significant change of circumstances so affecting the child that modification is essential to the child’s welfare.
Absent such a showing, any modification would be an abuse of discretion as denying the child the benefits of a stable home environment and thus would not be in his or her best interest. (Montenegro v. Diaz (2001) 26 Cal. 4th 249, 256; Marriage of LaMusga (2004) 32 Cal. 4th 1072, 1088.)”
You need an attorney to help you meet this standard.
Your Former Spouse Has an Attorney
An attorney is the best person who can represent both your and your child’s interests. Imagine yourself in a situation when your ex-spouse has already hired an attorney but you have not. In such case, you will be at an extreme disadvantage when you try to represent yourself. Moreover, without knowledge of the law, including the rules of evidence, you will not be able to present your case adequately. Of course, this disadvantage will endanger your ability to obtain or maintain your child’s custody.
Do you feel that your case demands a child custody attorney? Don’t hesitate to contact us. Even common legal matters can become complex and stressful. Consequently, your child custody attorney can attend to your particular legal needs. He or she will explain the law and resolve the issues in your best interest. Take your first step now and get your specific legal case analyzed by our highly qualified attorneys.