If you need a child custody attorney in Idaho Falls, you will most likely be working with a family law attorney. Child custody cases are generally related to divorce cases, but there are exceptions. Family law attorneys work on a lot of different aspects of family law. The answer to what kind of attorney do i need for child custody is a family law attorney. It is important as well to find an attorney you are comfortable with and one that has a history and reputation of doing well with these kinds of cases.
Everything about child custody and attorney-client relations should be discussed when you visit the law office to discuss your case.
Married couples
The most common child custody case comes from a divorce. This is an emotional time for everyone involved, and the family lawyer has more than just law to contend with.
Child custody is just one issue of a divorce case. Courts often side with the mother unless there is a good reason not to, but they do not always. The judge may give physical and legal custody with either sole or joint custody. Arguing your case in this instance is where a good Idaho Falls family lawyer is valuable. You need someone who knows the law to represent you and make your case to the judge.
Mothers often win custody, but the economic and physical shape of both parents is taken into consideration. The ability to meet the child's needs is the primary consideration. Fathers still have some rights. If a father is granted full custody, he will have a right to expect child support from the mother, just as a woman would her ex-husband.
It is possible for a family to work out custody and visitation details and simply have them approved by the judge.
If no agreement is reached the judge will have to decide. If the judge thinks the child is old enough to make an informed decision, the preference of the child will carry a lot of weight.
If one has physical custody, the other parent will have visitation rights. This is something that will have to be negotiated, and another time when your family lawyer will be able to help you. The conditions of visitation can be as strict or as loose as the judge feels necessary.
Unmarried couples
When unmarried couples break up a family lawyer may be needed. Many of the same rules are the same as married couples, but some do not. The advantage unmarried couples have is they do not have to go through the divorce proceedings since they are not legally married. They may start with child custody if there is an issue.
The issue of who is the real biological father can be an issue for unmarried couples. The father may have to prove paternity. Unmarried couples can sign an "acknowledgement of paternity," when the child is born. That is filed with the state and will serve as proof of paternity. Otherwise, legal action will have to be taken to establish paternity, and genetic testing may be needed.
Paternity must be settled before the father has any legal rights if the couple is not married. If they are married paternity is assumed. Once paternity is legally established the unmarried father then has the same rights a married father would have.
Grandparents
Grandparents, and in rare cases other relatives, may file for custody of a child. The person would have to file a non-parental custody petition with the court to get started.
This could be done if a child's parents were killed in an automobile accident. if for some reason the location of the parents was unknown and the child had no other support a grandparent or other relative could apply for custody.
If the child was with his or her parents, the grandparents would have to prove the parents are unfit, or that placing them with a fit parent would negatively affect the child's growth and development.
Grandparents may also petition the court for visitation with the child when the judge has granted custody to one of the parents.
Child custody is not a simple matter and can have ramifications for years to come. If you are fighting for custody of your child you should contact a family lawyer in Idaho Falls. When you contact a family law attorney they will explain everything about child custody and attorney.