Will she need a lawyer for a custody case? 21 Answers as of December 06, 2011

Family law is the one area where the courts enable people to represent themselves. However, unless a matter is uncontested, parties almost always fair better when they are represented. Only the mother can decide if she thinks she can successfully defend against the father's attempt to gain full custody; but she would be better off being represented. Her first step should be to "interview" attorneys and retain one. If she decides to proceed pro se, her first step will be to gather all information available to support her allegations and defend against his - gather her arguments and evidence supporting the suggestion that her proposed arrangement is in the child's best interest.

She should get a family law attorney who practices in the county in which she and the baby resides.

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.

If you can afford one, having a lawyer can be an advantage especially if the other parent has one.

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.

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.

If at all possible she should have an attorney to ensure that all the proper procedures are followed in order to allow the judge to decide what is in the child's best interest.

Yes she should absolutely have an attorney to protect your rights.

I always recommend that the parties have an attorney if its financially available. Especially for court dates as so many things could go wrong.

Yes, wife should hire a lawyer.