Neuberger, Griggs, Sweet & Froehle, LLP

5 Signs You Should Hire a Lawyer For a Child Custody Case

In over 51% of child custody/placement cases, both parents agree that the mother should have primary placement of the children.

However, every case is different, and you may have to go through a child custody/placement battle. In this case, you may feel like hiring a lawyer is just an added expense and choose to handle the case yourself.

As reasonable as this sounds, there are certain instances when you need the professionalism and experience of a legal counsel. If you’re fresh from a divorce proceeding, then even more so because you may not be in a mental or emotional capacity to defend your children.

Let’s look at some of the most convincing signs that you need to hire a child custody/placement lawyer.

1. Your Ex Has All Their Guns Blazing

If your ex-spouse has already hired a legal representative for themselves, then, by all means, hire a lawyer as well.

The last thing you want is to be inconvenienced and lose your children because you were facing a better opponent. Understand that a child custody/placement lawyer is educated, skilled, and experienced in child custody/placement cases.

They know all the ins and outs of family law, and you have no chance of beating them. It doesn’t matter how many child custody articles you read online. They will be so much better at any strategy you formulate.

This alone will place your ex-spouse at an advantage, and they’ll have a higher chance of winning the child custody/placement battle against you.

Case in point, the minute you realize that your ex has hired a custody lawyer, then you should do the same. This puts you at the same level as you’ll have experienced counsel to gather evidence, prepare the right document, and argue your case professionally.

If your major concern is affording a professional family attorney, you can always check with legal aid organizations.

Some of them offer free resources as well as free representation as long as you’re a low-income individual. The last thing you want is to regret the outcome of your case because your ex had an attorney, and you did not.

2. Your Child Custody/Placement Case Gets More Complicated By the Day

There’s a possibility that you started a child custody battle on a good note. There may have been a time where you and your ex were agreeable, and they were willing to make certain compromises on different aspects of the case.

However, things may have changed, or your ex has changed their minds, complicating the matter altogether.

Maybe your ex has decided to remarry, or they want to relocate to a different location with the kids. It’s also a possibility that during or after the divorce, they have become violent and don’t want to abide by any custody agreement.

Maybe they’re no longer willing to pay child support, and you have no idea what to do.

The best course of action in any of these cases would be to hire a lawyer. They will advise you accordingly depending on your situation and help you ensure your ex plays their role. Not hiring a lawyer would be one of the worst child custody battle mistakes you make.

3. You Believe Your Children Are in Danger

If you have been living with a violent partner and feel that your kids would be in danger in their hands, then you should hire the best family lawyer. It’s possible that your ex has already threatened to hurt you through the children.

It’s also possible that they’ll carry out their threats to physically harm them in order to get to you.

Apart from physical harm, you may feel that your children will be neglected in the hands of your ex-spouse. The last thing you want to do is risk the life of your children, so fighting for them is the right thing to do.

Having a lawyer in this situation will help you a great deal because they’ll ensure your children are safe until custody is granted.

Your ex is also more likely to cooperate as they may feel intimidated by the presence of a lawyer. If your ex is a violent person and you were escaping from domestic violence, then you may want to be wary of litigation abuse.

Litigation abuse is when a violent partner weaponizes the judicial system against their victims.

If you take the case on your own, then you could take months in court without any progress. However, a professional family attorney will know how to mitigate litigation abuse, prevent it, and get you custody as soon as possible.

child custody

4. Your Ex Keeps Denying Your Visitation Rights

After separation or during the divorce process, your ex may have denied you the right to see your children.

However, until the court passes the final custody judgment, leave the period should be denied custody or visitation. Both parents should come up with an arrangement that works out for everyone.

For instance, one parent can spend school days with the children, while the other spends weekends and holidays with them. However, if your ex keeps denying you the right to see them, then a professional family attorney needs to intervene.

A lawyer will know when your rights are being violated and better understand the best strategy to use depending on your case.

5. You Have a Drug Abuse History

If you have been using drugs or drinking alcohol, then be advised that your ex will undoubtedly bring this up in court. If they want to have sole custody of the children, they’ll use your drug problem to their advantage and show that you are incapable of being trusted with the children.

If they get a hold of substantial evidence against you, the case could work out very badly for you.

You would have to present evidence in court to show that you’re no longer taking drugs or drinking alcohol. You’ll have to prove that you’re a responsible parent who can be trusted to take great care of their children.

To present appropriate evidence, you need the counsel of a legal representative. They’ll know the best strategies to use depending on your level of addiction and whether you’re currently clean. They’ll show the steps you have taken to improve your situation and your efforts to be a better parent.

Top Reason To Hire the Best Family Lawyer

If you cannot imagine living without your children, then do not attempt to go through a child custody case on your own. It’s even more important to hire a lawyer when your ex-spouse has hired one themselves. If you would like a professional legal representative, please give us a call today. 

The materials on this website are provided for informational purposes only and do not constitute legal advice. These materials are intended, but not promised or guaranteed to be current, complete, or up-to-date and should in no way be taken as an indication of future results. Transmission of the information is not intended to create, and the receipt does not constitute, an attorney-client relationship between sender and receiver. You should not act or rely on any information contained in this website without first seeking the advice of an attorney.

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