Custody And Guardianship: Five Questions For Your Divorce Attorney

In the United States, it is reported that divorce or separation affects one out of two marriages. If you are getting divorced, and there are children involved, it is important to address the matter of guardianship and child custody. Here are five questions to ask your divorce attorney about child custody to be sure that your rights of guardianship and custody are protected and represented in the divorce process.


What Is The Difference Between Guardianship And Custody?

Parenting, guardianship, and custody are all terms that refer to relationships that parents have with children. Sometimes it can also apply to other individuals who are involved in your children’s lived as well. Custody refers primarily to the relationship between children and their parents. Guardianship, on the other hand, is a term that is a bit broader. It can refer to children, but it can also be a form of protection for older individuals who may not be completely self-sufficient. In these kinds of instances, guardianship can also pertain to wills, will writing, and estate planning.

Do I Need A Custody Attorney For My Case?

In the case of divorce, it is not uncommon for emotions to get very intense. This is particularly true for child custody cases. In order to keep things reasonable, it is best for you to retain an attorney. A custody lawyer will make sure that you understand your rights in this particular case. Also, the attorney will complete all the other paperwork, negotiate with your ex-spouse, and make the claim for custody on your behalf.

Which Custody Laws Pertain To My Case?

This is a key question, since the laws concerning child custody matters are different from state-to-state all across the country. With this in mind, the success of your request for custody of your child will hinge upon checking all boxes of the laws of the state where your child is living. For this very reason, you should contact a family law attorney who resides in the state where your child lives. This is the best way to be sure that you find out all the laws that relate to your particular case.

What Is Child Support?

Any money that is paid to the custodial parent in order to cover the living expenses of the child that the parent has custody of is considered child support. These expenses relate to clothing shelter and food, for example. The particulars of how much is awarded in child support vary from state-to-state and case-to-case. Ideally, child support payments are agreed upon by the parents. However, this is not always the case; and when this occurs, the payment requirement is supplemented with a court order. It is not always easy to enforce the child support agreement.

What Is “Best Interest Of The Child”?

When the courts make the statement “best interest of the child”, they are saying that every decision for the child now and in the future must be made keeping in mind what is going to be of most benefit for that child. This phrase is a concept that relates to custody matters as well as guardianship requests. The way that the “best interest of the child” is defined varies from state-to-state. But in general, the parameters include the child having a constructive, positive relationship with both parents, if that is at all possible.

Make sure that you get the best legal help possible if you are getting involved in a child custody case. It is important to have good chemistry with your divorce lawyer; but above all, it is important to find a divorce lawyer who is experienced in child custody cases. Questions can arise and the case can become extremely complicated. When there are lots of details and regulations involved, each decision, and every move, counts. So be sure that the attorney you select has the determination and passion to win the case for you because it will impact the future for years to come.

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