Child Custody Attorney: Questions You May Have

If you're looking to hire a child custody attorney, there are probably a million questions running through your mind. No matter how amicable or vicious the divorce, both parties often feel lost and a bit helpless during this precarious time. When kids are involved, matters are complicated even further. While nothing can act as a substitute for talking to a lawyer and getting competent legal advice, there are some questions you can answer for yourself before making that step. This overview will give you some of those answers, which are not to be construed as legal advice in any way.

Who gets custody?

Many people are under the mistaken assumption that women automatically get the children after a divorce. While this does often wind up being the case, it is far from a certainty. Of course, the answer itself is difficult to provide. Reason being: there are few strict laws on the books as it pertains to the question. Often, the question is left up to the parents. If there is a struggle or a conflict of opinions, many a child custody attorney will advise trying to work it out in mediation instead of taking it before a judge. If it does go before a judge, the result could be left up to his whims.

How is the decision made?

If you are seeking a child custody attorney because you are gearing up for a fight, then you probably want to know what factors will play into the judge's decision. This is another tough question to answer, as every judge is different. On paper, the decision should be made with the best interests of the child in mind. This doesn't mean the child goes to the nicest house, but with the parent most likely to provide the best environment. A child of a certain age may be able to voice his preference, which could influence a judge one way or the other.

Can an unwed father gain custody after a breakup?

Almost never, to be honest. A judge will almost always rule in favor of the mother in these instances unless there are extenuating circumstances. A good child custody attorney may be able to help you present these circumstances to the judge. You will likely have to prove that the mother is unfit to care for the child. Instances of neglect, drug use, or other criminal activity may be enough to make the case. Talk over these circumstances with your lawyer and he may be able to find a strategy that will give you a shot at getting the child.