Separation and divorce can be extremely stressful emotionally. It becomes even worse when disagreements arise about the children. A child custody lawyer can help in resolving issues related to child custody. The best thing that could happen is for the spouses to come to an amicable understanding and take decisions that are in the best interests of the children. Unfortunately, it does not happen many times. The pride and emotions of the spouses can cause a lot of complications. You may opt to file a petition in the court and let the court decide in the best interest of the child.
Generally, there are two crucial issues pertaining to the children. Firstly, who make the legal decisions for the children? And secondly, where will the children physically reside on a day to day basis. If you go ahead without hiring a lawyer in connection with the child custody, many of your rights may be violated.
Coming to the reasons as to why you must hire a lawyer, the following reasons should be able to help you.
When the child custody case is complicated or complex, the lawyer can represent you in the family court and safeguard your interests. You may not be aware of many rights that you will forego in ignorance if you do not hire an experienced lawyer. They can help you in getting the best possible decision favoring you.
Child welfare disagreements
When the spouses are having a lot of disagreements about the welfare of the children based on the facts and just emotions, then it is better to approach the court to seek for the decision that is in the best interest of the children. Your lawyer can request for the child custody hearing and submit arguments in your favor. The judge will give the decision that is binding on both the parents.
If there is an attempt at mediation, your lawyer can negotiate on your behalf and assist you to understand the pros and cons of the prevailing situation. This helps you to take an informed decision if possible.
Modification of a child custody agreement
During the child custody hearing after listening to the arguments of both the parties, the court comes to a decision based on the facts and resolves the situation through parenting agreements. This is binding on both the parents.
There may arise situations that require modifications to this agreement. Your lawyer can help you in getting this modification incorporated into the agreement so that you do not violate the terms of the agreement.
Negotiation skills and experience
In the opinion of The American Bar Association, less than five percent of the child custody litigations reach the courtroom for resolution. In the majority of the cases, the parents come to an agreement among themselves and make their own agreement instead of going into the courtroom for it.
Usually, the negotiations are conducted between them through their attorneys. Your lawyer can negotiate hard on your behalf knowing well the provisions of law and your rights.
One of the major issues that come up during a divorce is the child custody. The parents often disagree because of their pride and emotions. However, only a small percentage of these disputes go to the courtroom for a resolution. Attorneys are hired and negotiate on behalf of the spouses to come to an agreement. Even if it is not resolved and the dispute reaches the court, being well experienced in Child support laws your attorney can try to get you the best possible decision from the judge.