There are situations that unquestionably demand immediate legal intervention: cases of physical abuse, neglect, or substance abuse, for instance. However, in cases where both parents are equally committed to their children's welfare but find themselves in disagreement over custody arrangements, the timing of hiring an attorney is critical.
Most parents want to maximize their parenting time once separated. Absent cases of clear abuse or neglect, both parents will usually be awarded 50% physical custody—if the parents can demonstrate they are significantly involved in their child(ren)’s lives.
However, even if you think your case is a slam dunk in demonstrating fitness as a parent, the family court may view the evidence differently. Furthermore, you may get thrown a curveball if the co-parent hires a family law attorney who attempts to obtain more than half of the visitation time.
Early Intervention: The Key to a Strong Case
The early stages of separation or divorce often set the tone for the entire custody process. Consulting a family law attorney early on can provide critical guidance on communicating with the other parent, exploring negotiation options, and potentially resolving disputes without needing court intervention. Seek legal advice early. Doing so will prevent missteps that might otherwise harm your case, not to mention negatively impact your child’s well-being. (Remember: in family court, the child’s best interest is the most important factor. But what you think is in the child’s best interest may differ from a court official’s opinion.)
The Initial Consultation: Understanding Your Case
The first step toward securing the best possible child custody arrangement is scheduling an initial consultation with a family law attorney. You can think of the consultation as a friendly conversation with a compassionate family law attorney.
During this meeting, the attorney gathers essential details about your family dynamics, the needs of your child, and any concerns you may have regarding custody. This early evaluation helps the attorney develop a strategy tailored to your unique circumstances. You’ll also get a top-level overview of the legal process ahead.
Temporary Custody Orders and Meditation
Family courts may issue temporary custody orders while divorce or separation proceedings are ongoing. These interim arrangements can significantly influence the final custody decision. That’s why you don’t want to delay hiring a family law attorney.
An experienced attorney will help you negotiate favorable temporary orders and assess whether mediation may be a viable option to avoid a prolonged court battle.
Mediation can be a useful tool for reaching an amicable agreement. But if you don’t have the backing of a highly skilled family attorney, you may feel pressured to agree to terms that you believe are not in your child’s favor. In this case, an attorney can guide you on whether it is best to continue negotiations or prepare for litigation.
