When going through a divorce, who actually has custody of the children? 15 Answers as of July 09, 2015

When going through a divorce, who actually has custody of the children? Will an attorney help figure that out?

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S. Joseph Schramm | Joseph Schramm
Whoever the custodial parent of the children will be depends on many factors all of which have as their intended goal the best interests of the children involved. Broadly stated, the courts will tend to keep younger children in their home if it will continue to provide a stable environment for them.
Answer Applies to: Pennsylvania
Replied: 7/9/2015
Grace Law Offices of John F Geraghty Jr.
Grace Law Offices of John F Geraghty Jr. | John F. Geraghty, Jr.
Until there is a court order both parties have an equal right to the children.
Answer Applies to: Georgia
Replied: 7/9/2015
Edwin Fahlen Attorney at Law
Edwin Fahlen Attorney at Law | Edwin Fahlen
Both parents have the right to custody of the children until court orders otherwise. Generally the police will not help a parent obtain possession (custody) of a child without a court order. Often there is a ?tug-of-war? over a child or children when the parents physically separate. Unless there is domestic violence it can take 45 days to months to get a court order for custody of children. Advance planning is a wise step, and a wise attorney can help a parent in this area.
Answer Applies to: California
Replied: 7/9/2015
Law Offices of Helene Ellenbogen, P.S.H | Helene Ellenbogen
It's not about custody and yes, an attorney can both explain to you what needs to happen and make it happen by filing the appropriate motions with the court.
Answer Applies to: Washington
Replied: 7/9/2015
Law Office of Martin A. Kahan | Martin A. Kahan
Yes, consult with an attorney.
Answer Applies to: California
Replied: 7/9/2015
    Law Offices of Lauren H. Kane | Lauren H. Kane
    Custody is, considered a separate issue from divorce by the courts.
    Answer Applies to: Pennsylvania
    Replied: 7/8/2015
    Law Offices of Arlene D. Kock
    Law Offices of Arlene D. Kock | Arlene D. Kock
    The best candidates to determine the parenting plan would be the parents. If the parents cannot agree on a parenting plan, then submitting these issues to the court would be your next option.
    Answer Applies to: California
    Replied: 7/8/2015
    Joanna Mitchell & Associates, P.A.
    Joanna Mitchell & Associates, P.A. | Joanna Mitchell
    Neither party has custody until a Judge orders how the time with the children will be shared. The parties are supposed to share time with the children fairly and liberally, unless there is good cause not to do so. You should talk to an attorney.
    Answer Applies to: Florida
    Replied: 7/8/2015
    Law Office of Barton R. Resnicoff | Barton R. Resnicoff
    There is no set answer as it depends upon the facts and what the parties have done up until the time a divorce action is filed. Neither parent has a preference for custody based upon gender; who the primary caretaker was during the marriage is a large factor, as are allegations of domestic violence; and whether or not the child(ren) reside with one parent or the other; or with both. In the end, the more fit parent; one who encourages the child(ren) to have a relationship with the other parent will be strong factors.
    Answer Applies to: New York
    Replied: 7/8/2015
    Petit & Dommershausen SC
    Petit & Dommershausen SC | Tajara Dommershausen
    The parties are presumed to have joint custody.
    Answer Applies to: Wisconsin
    Replied: 7/8/2015
    Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
    A skilled family law attorney is almost always worth the investment. In a Wisconsin divorce between a couple who has children, it is typical to file (under one name or another) a motion for a temporary order which will deal with matters which require rules between the beginning and end of the divorce case. Such things typically include child custody and placement (which are two different things), child support, temporary but exclusive use of the family home, allocation of vehicles, and allocation of responsibility for debt. There are other questions which sometimes arise and can be decided, on an interim bases, through a Temporary Order.
    Answer Applies to: Wisconsin
    Replied: 7/8/2015
    Mediation Services of Southwest Florida
    Mediation Services of Southwest Florida | Dennis J. Leffert, J.D.
    Who has custody of the children will be up to the parents until the court makes an order. If one parent doesn't allow the other to see the children then an emergency motion can be made in front of the judge to get an order for timesharing. Yes an attorney can help however a mediator might be better. Mediation is fast effective and affordable. Good luck.
    Answer Applies to: Florida
    Replied: 7/8/2015
    Law Office of Robert E McCall | Robert McCall
    Temporary and permanent custody will be decided by the Judge.
    Answer Applies to: Florida
    Replied: 7/8/2015
    Law Offices of Julie A. Ringquist | Julie A. Ringquist
    An attorney can try to help both parents come up with an agreeable schedule for the children. If the parents cannot agree to a schedule, the court will have to make one. Each parent will request the schedule they want, present testimony and evidence as to why their schedule is in the children's best interests and a Judge will decide what the schedule should be. The Judge could choose one of the parents suggested schedules, or come up with a schedule somewhere in between.
    Answer Applies to: California
    Replied: 7/8/2015
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    Unless there is an order to the contrary from the court, both parties have custody of the children during the pendency of a divorce.
    Answer Applies to: Michigan
    Replied: 7/8/2015
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