Working With A Family Attorney To Determine Child Custody

Law Blog

Child custody can be challenging to work through if you are going through a separation or divorce. It is crucial to consider the child's welfare and how custody affects the parents, but many times a third party, like a child custody attorney, is required to ensure that happens. 

Determining Custody

When the time comes to determine a child's custody, it is critical to look at the entire situation on both sides. The attorney who is working with you should consider the child's financial, emotional, and physical well-being and work to ensure that a fair agreement is worked out. 

If the child is old enough, they should be involved in the process and be allowed to express their feelings about where they want to live. Often joint custody can work very well. If the parents are committed to sharing custody, the child custody attorney can work out a schedule and agreement that are acceptable for both sides and that allows the child to have contact with both parents. 

The child custody agreement will have to be approved by the court, but if everyone agrees to it, the judge will support it in most situations. In states that do not require you to go to court for a divorce, the child custody agreement is added to the filing, and you will not need to wait for the judge to approve it before enacting the agreement. 

Breaking A Child Custody Agreement 

Once you have agreed to a child custody agreement, both parties need to make sure they do not break the agreement. If one party does not stick to the agreement, the other party can hire a child custody attorney and file a complaint in court that will require both parties to appear so the judge can determine how to settle the custody dispute. 

If the court gets involved, it is possible that the agreement you worked out together could change, so it is best to comply with the stipulations in the agreement if you want to keep it in place. If you wish to modify child custody, you will need to let the court know so that a hearing can be scheduled to discuss the changes. 

Your child custody attorney will go to court with you and file the motion for the changes on your behalf. The court will listen to testimony for and against the changes to determine if the custody agreement should be altered. In cases where joint custody is not working, it is not uncommon for full custody to be awarded to a single parent and visitation be allowed in place of custody. 


15 March 2021