Do I Need a Lawyer for Custody Court?

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by | Sep 24, 2024

If you and the other parent can’t amicably agree on a custody arrangement that is in your child’s best interests and works for both of you, the court will have to decide on one that is in the child’s best interests.

Legal representation can often be expensive, and some parents involved in a custody case choose to file a pro se action and take care of the matter themselves. However, there are better ideas than this in certain situations. For instance, you’ll still need an attorney if you handle your case yourself and get overwhelmed with paperwork. If your income is low, you can get legal help for free or on a sliding scale from legal resources.

Reasons You Should Hire a Family Law Attorney for Custody Court

In some situations, hiring a child custody lawyer is the best choice to ensure a fair outcome. If any of the following situations apply to your current case, it would be wise to hire a family law lawyer with experience in custody cases.

The Other Party Has a Custody Lawyer

If your ex has a family law attorney, choosing not to have legal representation can put you at a distinct disadvantage. Even if the other parent has informally agreed to custody details, there is always the possibility they might change their mind about things and not tell you. When you retain your legal counsel, you won’t be caught off guard by surprises and left unsure of what can be done.

The Other Party Is Sabotaging Your Time with Your Child or Children

Obstructive behavior, like making it difficult for you to see the children, is likely to worsen as time passes. Retaining a custody lawyer will help ensure you get a fair amount of time with your children until the custody matter has been resolved.

You Believe Your Child Is in Danger

Your children’s safety is a priority. If you believe your child is currently in danger, call 911 and consult with a family law attorney as soon as possible to get a restraining order.

If there are reasons you believe your child will be in danger if they are put in the other parent’s custody, contact a custody attorney immediately. Regarding your children’s safety, the costs of obtaining legal representation are secondary.

Common unsafe conditions include:

  • Alcohol or drug addiction or abuse
  • Physical, emotional, or mental abuse
  • Criminal behavior
  • Any behavioral or environmental factors that may be detrimental to your child

Proving the other parent is unfit and cannot or will not provide the necessary conditions for a child to maintain physical and emotional health can give you grounds for obtaining full or sole custody of your child.

You and the Other Party Live in Different States or Countries

Custody cases can get quite complicated when there is a significant geographical distance between the parties. Custody laws may differ in the areas where you and the other party are living, and a custody lawyer experienced in inter-jurisdictional cases will be familiar with all relevant child custody laws and can help you get the best possible outcome for your children’s best interests.

Your Custody Issues Involve Specialists

Some custody cases may involve testimonies from expert witnesses or professional evaluations and should be represented by a child custody attorney with experience.

You Have a Blended Family

Courts prefer not to separate siblings, so if you or your ex also have kids with other partners, stepchildren, or new partners with children, it’s best to have legal counsel from an attorney with experience and expertise in the Texas Family Code.

A Family Lawyer Can Help with Custody Case Complications

Each custody case is different. Some cases might have complications only an experienced family law custody lawyer can help with. An experienced custody lawyer will help you understand any laws at work in your situation and will provide advice on custody and visitation issues.

Custody case complications include:

  • Your child has special needs.
  • You and the other party have a tumultuous relationship
  • You live in a different state or country.
  • You are remarrying.

Benefits of Hiring a Family Law Attorney for Custody Court

  • A custody attorney understands the court system.
  • Custody laws in Texas are complex and challenging to manage without an attorney. An experienced local attorney knows the nuances of local, county, and state laws.
  • The attorney handles complicated paperwork such as pretrial orders, child support worksheets, and ex parte temporary custody orders with the right people at the correct times.
  • A child custody lawyer has experience with gathering personal character references, providing coaching on reference letters, and preparing witnesses for court.
  • A family law attorney knows local courts and can give insight into the judge to whom your custody case is assigned.
  • An attorney will develop a strategy for your approach and attitude during your custody hearing.
  • A custody lawyer has the resources and experience to gather evidence and contact expert witnesses.
  • Your attorney can help you with your testimony and prepare you for any tough questions from the judge.

An Experienced Family Law Attorney Can Help You with Custody Court

The Texas family court system is complex and can be hard to understand. An experienced custody attorney understands local and state custody laws and knows how to best apply them in your custody case for the best possible outcome.

If you have questions regarding child custody and support, contact The Jimenez Law Firm, P.C., by calling one of our offices or completing our online contact form.