Do you need a lawyer to establish joint custody?
I am getting on my feet and I'm wanting to get joint custody of my daughter. I was wondering if a lawyer was need or had to be there or I wouldnt get it... or is it a option? If I had a lawyer would that help more? or would it depend on the mother and if she agreed to it?
Answers & Comments
Verified answer
lawyers are mouth pieces basically....you dont NEED one unless you dont know how to speak for yourself really. Its not mandatory to have one, so its up to you.
If you are on good terms with the mom then it would be much easier to get her to agree to the change, that way you can get an agreed order instead of having to motion the court for it.
There's not a lot of information in this post, so it depends on your situation with the mother, if you had a divorce or already have custody and parenting plans through the courts, etc. But no, you do NOT need a lawyer. In fact, some of the resources I am including below are free and can show you and walk you through the steps you need to take to start a child custody modification. The man who runs the National Brotherhood of Fathers' Rights, Dennis Gac, has been in the fathers' rights business for over 20 years and has a ton of free resources out there, as well as tons of eBooks that are available for download. Check him out, lots of great stuff! Good luck to you! :)
Parents do not need layers and court to establish custody but if anything happened, they would have no legal ground to stand on so a verbal, friendly arrangement might seem warm and fuzzy but I would make it official. You do not need a lawyer for family court. Most likely, depending on your state, the judge records your case and sends you into a room with a mediator. They know to negotiate things you may not have considered. Such as, protocols for emergency, vacations, holidays, birthdays, whether you allow child to meet people you are dating, etc. And most importantly, rules for changing visitation such as 48 hours notice unless it is an emergency. Good luck!
If you are able to discuss this with the mother and you are both willing to put your daughters needs first and foremost and agree to it you can do anything on consent were it'll save you both time in court and lawyers fees.
Judges prefer seeing the parents working together for the childs sake instead of working against each other and not only making each others lives hell but putting a child in between squabbles.
It takes compromise and willingness to negotiate if you plan on working this out with the mother.
A lawyer is always preferred . They know the correct way to say what you want said in court .
you don't have to have an attorney to represent you for custody, but it is in your best interest to hire one. They know the laws and such. They will look out for your best interest.
The mother isn't the one who decides it is the judge (and your past will play a roll in this as well)
If there has been no legal action, and you are the father.....you already have joint custody