Friday, November 23, 2007

Primer on Child Custody Lawyer—Who is He?

Who will get the primary custody of your children?

That is the ultimate question that will pop up once a divorce started to run on the wheels of court. Along with the legal arguments and circumstances to nullify a marriage, there are also legal remedies that will be brought out to family courts to decide on the primary custody of the children.

In most instances, there are divorced parents who come into a mutual agreement with regards to the physical custody of their children. They set aside their differences and arrive on a shared custody of the children which means that they share a 50/50 legal as well as the physical custody of the children. As parents, they have nothing in mind but to raise the children in a loving environment that they used to have when divorce was not yet in the picture. Coming into a mutual agreement is a good move for settling the custody dispute of the children.

However, there are also instances where settling the custody dispute does not come with an immediate solution. Divorced parents are still battling out on the legalities of issues with regards to the legal custody of the children that needs to be brought out into family courts.

Just like any other cases filed in court, there is a hearing that will be conducted as an avenue for legal arguments and law interpretation. And your child custody lawyer will be doing the legal matters inside the courtroom.

A child custody lawyer will be your legal representative in family courts and will be the one who will establish your right for the custody of your children. By using out all legal remedies as well as circumstantial evidence that may be present, he will try to give to you the legal authority over your children.

Aside from being your representative in legal arguments, he will also be assessing your potential win in child custody cases. Often times, he will conduct a case review where he will evaluate all the details of your case as well as the remedies that you can use in battling out for your right over the custody of your children.

In addition, he will also be interpreting the laws of the state where the child custody case falls. Since laws vary from state to state, it is important that you also have an idea on state laws governing child custody. That is why it is wise that you get a child custody lawyer based within the state’s jurisdiction. Wide knowledge with regards to state laws will be your lawyer’s defense in battling for your custodial rights.
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But remember, even when the child custody lawyer that you have hired is really good, the case will be decided by the judge according to the laws of the state as well as the pieces of evidence that you have presented. Your lawyer will be the one who will argue for your right, but certainly he will not be the one to dictate the outcome of your child custody case. It is still within you if you will win the case. That is why as mentioned earlier, most child custody lawyers conduct case review first before plunging in to legal arguments in courts.

Your children are at stake here—getting a child custody lawyer is a way to fight for your right to them.
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