Frequently Asked Questions About Child Custody and Visitation
Have you or your former spouse filed a child custody and visitation case? No doubt that you have queries about the hearing process. You could even be worried about what awaits you ahead. Below, you’ll find answers to some of the questions you have. Hopefully, this information will help you get prepared and put your mind at ease.
Are Judges More Likely to Grant Primary Legal Custody to the Moms Than Dads?
No. Under the code of conduct for US judges, judges are required to perform their duties without bias. Gender stereotypes won’t influence the jury’s final decision.
Courts make resolutions based on the minor’s welfare, the parent’s or guardian’s ability to provide for the child, and the physical social and mental well-being of the parent or guardian.
If you are a father and wish to be the main custodial parent, don’t hesitate to ask the judge or court representative to grant you primary or physical custodianship. All you need is strong evidence that can help you present yourself as the better or more prepared parent.
What Does “Minor’s Best Interests” Mean?
The minor’s best interest means that all final parenting or guardianship agreements, whether made in court or out-of-court, should be made with one goal in mind: to boost the minor’s welfare. This means that your child’s needs and interests should come before yours and those of your ex-spouse.
During negotiations, you and your former partner should ensure that your discussions and final agreement focus on your child’s safety and happiness. This will foster and encourage peaceful custody proceedings, which will, in turn, lead to an amicable settlement that can quickly be approved by a judge.
Do You Really Need a Legal Representation?
Yes. You might need a lawyer to help you through the divorce, custody, or child visitation battle. This is true regardless of the resolution method that you and your ex-partner decide to use to settle your disagreements.
An advocate can help you grasp legal concepts regarding parenting agreement and ensure you do things right. The attorney will also provide legal assistance and tips that can help you find quick and favorable solutions to your parenting disagreements.
Before you rush out to hire a family law attorney, conduct thorough research. Invest your time and money in an advocate who is familiar with the intricate matters of custody law and processes. Also, make sure you hire someone who has an outstanding track record.
Can You Initiate Adjustment of Custody and Child Access Orders?
Yes. If you and your ex agree on the modification, you can generally draft another parenting plan or modify the old one. Once the changes are made, and everyone is in total agreement, you can take the new plan to court for review and approval.
If your partner can’t agree with the proposed changes, then ask the court to allow you to modify the parenting and schedule plan. The court will have the final say on whether the changes will take effect or not. The court will also decide if the modifications will be permanent or temporary.
It’s perfectly normal to have many questions and be nervous following the commencement of your custody battle. The answers shared above will equip you with essential information about family law and related legal processes.
If you are facing divorce or a custody battle, don’t hesitate to talk to our seasoned attorney. We will help you get the most favorable outcome in your custody case and protect your parenting rights. We can also litigate on your behalf if a trial becomes necessary. Contact us as soon as you need us.
