Child custody is a difficult process for both a mother and father. In recent times, custody can go to either parent, as long as they are properly able to take care of the child. However, the belief still exists that child custody rights are limited for a father. We do not believe this and we gain custody on behalf of fathers regularly.
Depending on the details of the custody case, child custody for fathers is not impossible, and fathers do have options in regards to child custody laws. Keep in mind that the process is not entirely without its challenges, but it is not impossible with a skilled child custody lawyer at your side. One of the ways you can find the best family lawyers near me is to find someone who can help with child custody and can ensure that the judge receives the full information to make the best decision to benefit the child.
The courts will look at situations that involve substance use or addiction and use this to determine if only one parent should get sole custody. The other parent may be granted the opportunity to maintain a relationship with the child. Any father who would like custody of the child regardless of full or joint custody will be required to do everything they can to prepare for the custody case to be heard in court.
Child custody should all start by making a list of questions to ask the Athens family law attorneys you find when you search for family attorney near me who will be representing your case. This will be helpful as the father is able to prepare the best course of action on how to gain custody. It is also a good idea when a consultation with the lawyer is scheduled to bring these questions to discuss them with the legal expert. It is also important to take notes about any information that may help your case. One example is to let your lawyer know that your spouse has a history of drug abuse and may not be fit to parent.
Fathers should be realistic about why they would want custody of their child and their ability to take care of the child on a daily basis. Some fathers who have never participated in full childcare by themselves may find it difficult to do so when granted full custody. It is also essential for either parent to keep in mind that just wanting custody of the child so that the other parent does not have custody is the wrong reason for petitioning the court. Some parents may want to hurt the other parent and not have thought about how custody will impact the child and the full responsibility of caring for them.
Child Custody Attorney in Athens, Alabama
When we think of physical custody battles, we often assume it is between two people that were once married and are now getting a separation or a divorce. However, this is just one example of types of child custody, and it is possible for ‘custody battles unmarried parents’ to occur. This will happen in the same way as if the parents were previously married, and the court would need to decide grounds for full custody of the child and the details of visitation. It would also be up to the court to decide on child support for raising the children, especially when the parents are unmarried. In this case, custody depends on if both mother and father have been established as the legal parents of the child.
When the child is born to a woman who is not married, the mother will receive sole custody, and it is up to the father of the child to go to court to obtain legal rights to see the child. The court does not assume that paternity is automatic, and a father who was not married to the mother will need to have it determined, but they are the biological and legal father of that child. The court will not just look at who is the biological father but also who is the legal father when it comes to custody cases.
It might seem a difficult process for an unmarried father to go to court to be granted shared custody or even visitation for their child, but this system was set up to prevent an unmarried woman from requesting child support from a man who is not the legal father. Therefore, it is necessary for paternity to first be established before the court can grant any type of visitation or custody. A child custody attorney may offer reasonable child custody lawyer fees and help by providing guidance and support for establishing paternity and then going forward with the child custody petition.
If you’ve asked yourself, “can a mother keep the child away from the father?” you will need to keep in mind that when both parents are unmarried the case will be handled differently in court depending on the nature of the case and the state court where the case is being heard. It is often common for the judge to grant custody to both parents when it is established who is the legal mother and father, and this is known as shared custody. It is also possible for the judge to determine that both parents will share custody, but one parent will be ruled as the main custodian of the child.
You may have also asked, “can a father take a child away from the mother?” In some cases, one parent can be granted full custody, and the other parent will not have any visitation rights. This is possible in the case of unmarried parents when one of the parents is not fit to take care of the child.
Child custody cases are complicated, and some fathers may not be aware of exactly what their rights are to the child. They may not be aware that they have the same rights as the child’s mother. It all depends on the state the family resides in and other legal circumstances. When a man signs the birth certificate as the father, they will establish the father’s legal rights to the child. The birth certificate is not only a document that states the child has been born, but it also has the name of the legal mother and legal father. When a divorce and custody battle occurs, the court will realistically look at the ability of either parent to provide care. Just because the parent is a man does not mean that they will not be given custody.
The judge will look at how loving and nurturing the father is to decide if they should be given custody. It is no longer true that men are not given custody just because the child belongs with the mother, but the courts will look at what is in the best interest of the child. It is important for a father to understand that if they are the biological and legal parent of a child, they will have the same rights as the child’s mother. This includes a right to see the child, bond with them, and be consulted about any aspects of child-rearing such as where the child will live, their education, or healthcare.
Athens, Alabama Child Custody Attorney
Parent custody of a child during a divorce does not automatically go to the mother, and the circuit court decides what is best for the child’s well-being. This could mean that both parents have joint custody with a visitation schedule set up. The court can decide that one parent will have main custody and the other parents will have access to the child. In some cases, it could be determined that there are reasons for sole legal custody with no visitation.
For someone wanting to establish parent custody, they should start now by collecting evidence to show they were involved in the child’s life or that they are committed to raising the child in a healthy and loving environment. The more evidence, the better when it comes to providing support for a child custody case.
A lawyer will tell you the benefits of primary physical custody and evidence that can be used to support the case include letters, photographs of time spent with the child, copies of checks or bills paid, a list of activities, voicemails or text messages, videos, schedules, and reports for witnesses. It should be noted that these are only some examples to use when starting a child custody case, and an expert lawyer will be able to provide more information on the evidence to collect.
Anyone going through a child custody case should be aware that there are some child custody questions to ask a lawyer. Asking these questions at the very beginning will help the process go smoothly, and it will also give someone an idea of how a lawyer will handle their case.
Question 1: How will the court determine who gets custody of a child?
This is an important question and it will not only show the lawyer’s knowledge of handling custody cases but will allow you to prepare. There are numerous factors that go into determining who will get custody of a child. These factors can include the mental, physical, and financial health of a parent. The court will also look at the best environment for the child’s needs and consider who the child would like to have custody of them. Other factors include looking at the history of substance use or domestic violence within the home.
Question 2: How is the child visitation schedule determined?
The visitation schedule is always in the child’s best interest for the parents to come to an agreement on the visitation schedule. The child custody court will have the final determination on who will get custody and the frequency of visitations. The way in which the visitation schedule is determined will depend on the state and the specific circumstances of the case. It is possible that the court could request a mediator to help come up with a visitation schedule during the custody case. This is helpful when parents are not able to come to an agreement on their own. The visitation plan can be decided after the court has decided which parent will have custody.
Question 3: How can hiring an attorney help the case?
There are various reasons for hiring an attorney that can help a custody case. An attorney will provide a wealth of knowledge and experience regardless of how straightforward the case might be. A skilled lawyer who specializes in child custody cases can provide guidance and legal expertise before the case and while the case is going through court. Even after the court makes their final determination on who will get custody, problems may arise with the other parent, and it is helpful to continue to have a lawyer to represent you. Some parents may realize that the parenting schedule or agreed visitation times is not working, or it may be that the other parent is not following what was decided by the court. These are all scenarios with legal implications that can only be properly guided by using a skilled attorney.
Some parents may wonder, “how is child custody determined?” when they begin a custody case. There are various factors that the judge and courts will look at when deciding if one or both parents should have custody of a child. Ultimately, the judge is looking for what is in the best interests of the child. Both parents can want to share custody of a child, but it might be best for a child for one parent to have sole custody. This will mean that only the parent with sole custody will have legal responsibility, and the other parent would not need to be consulted about aspects of the child’s life.
Some of the most important factors in child custody that the judge will look at are:
- The relationship between the child and each of the parents.
- The mental, emotional, and physical health of the parents.
- The environment the child will live in with each parent.
- The wishes of the child.
- The age and gender of the child.
- The wishes of each of the parents.
- Assessments and reports from police, doctors, social workers, guidance counselors.
- The financial stability of a parent.
- History of abuse, neglect, or violence.
- The child’s attachment to their current school and community.
You may have questions about the process of how to obtain custody of a child. Obtaining custody starts with filing an application that petitions the court for child custody. This petition would be filed in the court where you live or where the other party lives, according to the correct jurisdiction. The petition states why you should be granted custody. This is the time to say how you, as the custodial parent, would benefit the child and be the best situation for them. The petition for the child custody papers is then filed with the court clerk, and a fee for filing is required at the time of submitting the petition.
Once this is done, it is also necessary to give a copy of the child custody forms to the child’s other parent through proper service of process channels.
After the petition has been filed and reviewed, the court will schedule a hearing in front of the judge to go over the details of the case. This will be a time to present your case to the court and describe why you filed for custody. If you and the other parent are not able to work together to determine how custody will be shared, then then a custody trial will be scheduled. This is a time to provide evidence showing why you should have custody, and witnesses may also be called during this time. Family law can be quite complicated, and a lawyer will be able to walk you through the steps.
Look no further than Charlotte Christian Law, P.C. if you are seeking the best attorneys in family law and child custody cases. Our experienced legal team prides itself in providing guidance to people in divorce, child custody, and parental rights cases. To set up a consultation, contact us at (256) 769-0508 or find more information on our website.
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