Benefits of Hiring a Child Custody Attorney for your Custody Case

A parent who wants custody of their minor child because the parents are divorced or never married may assume that obtaining custody of a child is an easy process. They may believe that if they simply reveal to the court the reasons why the relationship between the parents did not work, the court will grant custody of the children to the parent who is the complainant. The parent may seek to keep the other parent from having visitation with the children as part of the child custody case. There are several details of this way of thinking that support hiring a child custody lawyer that has experience with these types of cases. 

Attorneys who have knowledge of child custody laws are likely to have the expertise to represent their clients in child custody matters. Child custody lawyers provide potential clients with a consultation to answer questions that a parent may have about seeking custody of their child. 

What Do I Need to Know About Child Custody Laws? 

Knowing the state laws, statutes, and regulations that govern child custody is the first important aspect of a child custody case. Many parents understand the benefits of hiring an experienced child custody attorney to help them understand the law and to pursue custody of their minor child or children. State laws may be too complicated or too lengthy for the parent to understand all the aspects of the laws that are related to child custody, and to know what their rights are under the law. 

One important benefit of meeting with a child custody attorney is that the attorney can explain the relevant laws in a way that parents understand the statutes and how they apply to their individual child custody case.  

Can I Represent Myself in a Child Custody Case? 

Divorce proceedings or separations are often stressful for both the parents and for the children. Parents may act out of emotion rather than the facts of the law that courts use to determine which parent is best suited to have custody of a child.  

The other parent who comes to court with an attorney who has experience in child custody cases will likely have quite an advantage over the parent seeking custody who does not have legal representation. There are several benefits of hiring a child custody attorney instead of choosing to represent yourself, which include: 

• The child custody attorney can explain the legal terms associated with child custody cases  
• The attorney is experienced in court proceedings  
• The child custody attorney knows how to file a case and the forms or additional motions to help their client 
• Attorneys who represent clients in child custody cases know how to obtain records of the other parent’s employment history or financial statements or any criminal history 
• Parents likely do not know what to do if the parent moves to another jurisdiction or state and takes the child with them 

Some parents may initially think that representing themselves in a child custody case is a good idea. A better idea is to hire an attorney that can help you navigate the process of seeking child custody. 

What Do I Need to Know About Physical Custody and Legal Custody? 

Parents often hear terms such as legal custody and physical custody when they want to seek custody of their child. Knowing how the court decides which parent is awarded custody is important in any child custody case. The attorney explains the options to their client and works to stand up for the interests of their client, even in complicated child custody cases. 

The judge in a child custody case in New York looks at several factors when deciding which parent is best suited to have either legal custody or physical custody of their child. The first factor is what is considered to be in the best interest of the child. 

Child custody attorneys know what the courts often consider when determining what is in the best interest of the child. The attorney can provide the legal representation that advocates for the parent that they represent to be awarded custody that the court deems are in the best interest of the child. One issue that the court may consider includes whether the other parent has a history of domestic violence towards the parent or has committed acts of violence towards the child. New York statutes allow a judge to consider other factors such as allegations of child neglect. 

A parent who comes to court with an attorney who has expertise in all areas of child custody has an ideal opportunity to present their case to the court and to hopefully be awarded the custody and visitation agreement that they hoped for when they filed the action to seek custody of their child.