Beaulier Law Office | Maury Beaulier
Custody cases are very difficult. Any custody order may have a long lasting effect. Certainly, either parent may be awarded physical custody whether they are the mother or the father. As a result, it is wise to hire experienced legal counsel. Courts make custody determinations based on what the court believes is in the child's best interests. In most cases, the court will award primary physical custody to one parent while the other will have a parenting schedule. The court will consider any relevant facts in making a custody determination including 13 specific factors outlined in Minnesota Statutes. Your case should be carefully framed to address each of the relevant statutory factors to be effective. You should consult with legal counsel.
Answer Applies to: Minnesota
Marca Tanner Attorney at Law | Marca Tanner
It depends. Without more information I really couldn't give a decent answer to this question. Assuming that the mother is a fit parent, without criminal issues, the court will not upset the status quo. It is highly unlikely that the court would give custody of a newborn to a father who has not been living in the home. However, if there are other factors, like the mother having trouble with the law, or a child protective services case being opened against her, or the mother having any mental health or depression issues, it is possible that the court would remove the child from the custody of the mother. That does not mean custody would be given to the father. I recommend a lawyer be present in the court with a client in domestic cases, if only because it gives the client needed support emotionally. Otherwise, if this is truly a case of a perfectly fit mother with no criminal or mental health problems, the court will not upset the current custody arrangement in an initial court appearance. If this is anything other than the Perfect Mother scenario, she would definitely want a lawyer present.
Answer Applies to: Utah
Law Office of Michael W. Bugni | Jay W. Neff
She should probably hire an attorney. The reality is that fights over children can get complex, intense, and very paper heavy fairly quickly. Most people don't have the time or training to deal with this. So, hiring a lawyer is probably best.
Answer Applies to: Washington
Joanna Mitchell & Associates, P.A. | Joanna Mitchell
Absolutely she should have an attorney! When something so incredibly important is at stake as who gets to spend time with the child and what appropriate timesharing is in the best interest of the child, it is of tantamount importance that the matter be properly presented to a judge so that an appropriate decision is made. She should consult with an attorney immediately, especially if she already has a pending court date!
Answer Applies to: Florida
Law Office of James Lentz | James Lentz
WOW. She needs advice from a domestic relations attorney now. She needs to file for divorce or legal separation to protect her rights to the child. Husband has as much a right to he child as she does, so to protect herself, she needs to quickly move ahead.
Answer Applies to: Ohio
Linda C. Garrett Law | Linda Garrett
Need, no. Strongly recommend, yes. At the very least, mom should hire an attorney to provide coaching services. This means she appears in court, but she is prepared to make arguments as she will have received some advanced coaching.
Answer Applies to: California