Who has custody of children during a divorce? 11 Answers as of June 10, 2015

If I have an attorney representing me, will that help me get custody?

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Law Office of Martin A. Kahan | Martin A. Kahan
Yes, get an attorney. Custody issues are complicated.
Answer Applies to: California
Replied: 6/10/2015
Law Office of Barton R. Resnicoff | Barton R. Resnicoff
Being represented by an attorney may help properly present the reasons why you should be awarded custody. I just finished a custody trial where the father represented himself and I don't think he fully appreciated what was and was not relevant which did hurt his case (although, I believe even if he had been represented, he would not succeed because of the facts and his actions outside the courtroom). In reality, the facts are what is important; how to present them can make a difference, and that is where an attorney helps; as well as knowing the rules of evidence and what can and cannot be presented; or how to present it.
Answer Applies to: New York
Replied: 6/10/2015
Law Offices of Arlene D. Kock
Law Offices of Arlene D. Kock | Arlene D. Kock
It's always better to have an experienced family law attorney represent you on complex matters concerning child custody. Family law courts in California consider the best interests of the children on determining proper custodial placement.
Answer Applies to: California
Replied: 6/10/2015
Law Office of Eric S. Lumberg | Eric S. Lumberg
A family law attorney can claim interim custody and help maintain that position into the final judgment. Consult with an attorney to discuss your options and concerns further.
Answer Applies to: Michigan
Replied: 6/9/2015
Law Offices of Helene Ellenbogen, P.S.H | Helene Ellenbogen
Both parents have custody. That's not the issue. The issue is the time each parent gets with the kids. Your attorney should immediately file a motion for temporary orders to get a temporary parenting plan and child support order into place.
Answer Applies to: Washington
Replied: 6/9/2015
    Attorney at Law | Aimee C. Robbins
    Most definitely an attorney will facilitate you chances of being awarded custody.
    Answer Applies to: Maryland
    Replied: 6/9/2015
    Law Offices of Robert Burns
    Law Offices of Robert Burns | Robert Burns
    Yes, because you presumably lack expertise and objectivity to do an equivalent job. You do need to do your part as a client and parent.
    Answer Applies to: California
    Replied: 6/9/2015
    GordenLaw, LLC
    GordenLaw, LLC | Vanessa J. Gorden
    Having an attorney will help you navigate establishing custody. Until the court enters temporary orders in a divorce and final orders with the Decree, both parents continue joint custody just as if they were married. This can result in snatching the children back and forth, so it is best if you can agree or get temporary orders as quickly as possible as to who will have the children with them when during the proceedings. Best wishes.
    Answer Applies to: Nebraska
    Replied: 6/9/2015
    Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
    If the parents are living apart, then the Family Court decides, by means of a Temporary Order, the key questions of child custody, placement and child support. Having a lawyer when facing a disputed matter in a divorce case is very desirable, and yes, retaining an experienced family law attorney will typically help you in persuading the court of the merits of your views about these matters. Good Luck.
    Answer Applies to: Wisconsin
    Replied: 6/9/2015
    Petit & Dommershausen SC
    Petit & Dommershausen SC | Tajara Dommershausen
    The presumption is that both parents in a divorce have joint custody.
    Answer Applies to: Wisconsin
    Replied: 6/9/2015
    Ezim Law Firm | Dean Esposito
    Yes. The court will decide who is awarded custody based on the evidence and testimony presented by the mother and father.
    Answer Applies to: Louisiana
    Replied: 6/9/2015
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