Bohm Wildish: California Family Law
Parenting is not easy, and this is no more true than when parents are going through a divorce or ending a relationship. The court must balance the rights of the parents with the best interest of the child, and it can be difficult to agree on what, exactly, is best for a child. Custody laws do not make it any easier; they are often complex and convoluted, and what’s more, they vary dramatically from one state to another. While there are federal laws in place (including the Deadbeat Parent Punishment Act), laws are often left up to the individual state. Whenever custody is an issue, it is in your best interest to consult with an attorney to ensure that your rights are upheld and that your child is properly cared for.
California Divorce Guide Article: Child Custody in California
In California, each parent is assumed to have equal rights and responsibilities regarding their children. But according to census data, mothers more often receive sole custody of the children. This is true in 82 to 85 percent of divorces. In South Dakota, for instance, the court usually awards custody at the beginning of a divorce proceeding, and the primary caregiver is typically given custody right away. In Georgia, both parents must submit a written parenting plan, detailing why he/she deserves custody, before the court decides.
Each state differs, and it is essential that you have a qualified attorney that is well-versed in the specific state laws. This is true whether the child and both parents live in the same state or you live in another state. How do you find the right lawyer to ensure your rights are protected in family court?
- See if you qualify for free or low-cost legal help.
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Ask friends or family members for recommendations.
- Use a State Bar-certified lawyer referral service to find a qualified lawyer.
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Take advantage of free or low-fee consultations.
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Ask for client testimonials.
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Look online for lawyer reviews and/or ratings. Research his/her associations and credentials.
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Ask about payment plans and how billing works. Make sure you understand what you are getting in return for your fees.
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Assess the skill and personality of the lawyer. You do not have to like your attorney, but you do need to trust in his expertise and ability to help you.
A lawyer can help evaluate your case and discuss your options so your rights and interests are represented in court. Having an attorney does not indicate that you are “out to get” your ex-partner or want to make the process more contentious; it simply means that you want the court to be aware of your rights and responsibilities in regards to your child.
Whether you are trying to gain joint custody of a child or you have cause to try to prevent the other parent from having custodial or visitation rights, an attorney can be your most powerful ally. It may be costly in the short-term, but in the long-term, it is one of the best investments you can make in your family.