Do I Need a Child Custody Attorney?

Few legal battles are more consequential than child custody cases, where a single court ruling can decide whether a parent retains the right to spend meaningful time with their child and participate in major decisions about their life.

While many parents successfully negotiate child custody agreements through mediation, complex situations often require legal representation to safeguard parental rights and ensure the child's best interests are protected.

Child custody lawyers are family law attorneys with extensive training and experience in child custody and child support cases.

When to Hire a Child Custody Lawyer

You might want to talk to a family law lawyer for any number of reasons, but here are seven that often arise in child custody disputes.

1. The Other Parent Has Legal Representation

When your child's other parent has a lawyer and you don't, it creates a power imbalance that will disadvantage you.

A peer-reviewed study from UC Davis published in 2018 revealed that having a lawyer improves a parent's chances of achieving their preferred custody arrangement, but only when one parent has an attorney and the other doesn't

An experienced lawyer will know how to:

• analyze your state's family law statutes, relevant case law, and court rules
• collect and present persuasive evidence
• negotiate for the outcome you want through mediation, and
• advocate for you in court if necessary.

If you represent yourself pro se against a knowledgeable attorney, you will face significant challenges and are less likely to get the outcome you want.

2. Your Case Involves Relocation

Cases involving parental relocation are often complicated. If one parent moves or intends to move to another state or country, determining which court has authority over the custody matter can be challenging, and arranging interstate or international custody and visitation requires careful consideration. An attorney can help ensure that an interstate or international custody order is enforceable across borders.

Learn more about when a custodial parent can move a child out of state.

3. Your Case Involves Domestic Violence

Cases involving domestic violence present unique challenges. Abusers often use the legal process to maintain control over their victims by dragging out hearings and forcing repeated contact. Lawyers can help survivors get domestic violence restraining orders and shield them from this type of "litigation abuse."

A lawyer can also help secure the right outcome. A study conducted from 2000-2010 in Washington state found that when domestic violence survivors had legal representation, judges were 85% more likely to deny visitation to abusive parents and 77% more likely to place restrictions on visits.

If you can't afford a lawyer, many cities and states offer legal aid programs that offer free or reduced-cost representation for domestic violence survivors.

For immediate help, the National Domestic Violence Hotline can connect you with a live advocate and resources.

4. You Have a Complex Personal History

In the heat of a custody dispute, parents often leverage knowledge of each other's backgrounds to gain an advantage in court. A custody lawyer can help you address concerns related to:

• a criminal record
• substance abuse history
• mental health issues, or
• past Child Protective Services (CPS) involvement.

5. Your Relationship With Your Co-Parent is Deteriorating

If your co-parent's approach to custody discussions takes a turn for the worse, it might be time to talk to an attorney. For example, if your child's other parent consistently violates your existing custody arrangement, refuses to communicate about your child's needs and schedule, threatens to move away, or exhibits potential signs of parental alienation, you likely need legal help.

6. The Child Custody Evaluation Didn't Go in Your Favor

In some cases, judges order child custody evaluations to learn more about what custody arrangement will serve the best interests of a child. Custody evaluators are typically trained mental health professionals who conduct an investigation and prepare a detailed report for the judge with recommendations.

If you disagree with the evaluator's recommendation, you should probably talk to a lawyer. Judges aren't required to follow the evaluator's recommendations, particularly if you can show the report is biased or the recommendation is not in the child's best interests.

7. You Want to Modify an Existing Custody Agreement

As kids grow up, their needs change and parents have to modify an existing custody order. This could happen if a child's school schedule changes, a parent remarries, or a new job requires relocation. The smoothest option is to come to an agreement with your child's other parent on the proposed changes. If that doesn't work, an attorney can advocate for your interests.

How to Find a Child Custody Lawyer

Finding a child custody lawyer can feel overwhelming, especially if you've never hired a lawyer before. Here are some tips on how to search your search.

• Personal referrals. Start by asking friends, family, and coworkers for recommendations. Personal referrals often provide the most honest and trustworthy feedback.
• Bar associations referrals. Beyond recommendations from your network, state and local bar associations offer lawyer referral services. These associations maintain records of each attorney's credentials, areas of specialty, and disciplinary history, so you can be confident a lawyer you hire through their services is qualified.
• Legal sites and directories. Online directories, such as Nolo.com and Findlaw.com, list lawyers by location and area of practice.

Learn more about hiring a family law attorney, including the top 10 questions to ask a potential divorce attorney.

Working With Your Lawyer

If you decide to hire a lawyer, try to get the most out of your working relationship. Before your consultation, gather essential documents like financial records, existing court orders, child-related records, and a draft of your hopes for custody and visitation.

Staying organized and ready for each step will allow your attorney to help you more effectively and efficiently and keep costs down.