The agreements relating to childcare after divorce determine the exact responsibilities of each parent, and they are legally binding. There are two major issues resolved in a child custody case. First, which one of you will be making the children’s legal decisions? Second, where will the kids be residing physically? One of you can be the sole caretaker who lives with the kids, or you could jointly share the responsibility. When both of you can’t agree on these two situations, a child custody attorney from a reputable law firm, such as Yoder, Kraus & Jessup,can help. Without the help of a child custody lawyer, your rights might be violated.
Types of Custody
To help you understand child custody, it important to know the different types. Custody can either be physical or legal.
1. Legal Custody
When you are given legal custody of your kids, you will be responsible for making crucial decisions in their lives relating to as school, religion, and health, etc. It was probably very easy deciding on these things when you were married, and most judges want to keep things that way. Such custody is referred to as joint legal custody. Even in joint legal custody, one parent can be the main caregiver and the one making most of the decisions about the kids. The other parent will participate in the making of those decisions. However, in some cases, the judge can order joint custody, but one parent becomes the tie breaker if there is a disagreement.
In case you do not agree on the above matters, the judge will give sole legal custody to one of you. Failing to agree on those small matters creates ongoing conflict that might make the lives of everyone involved miserable. After getting sole legal custody, you will be making important decisions about the kids’ education, welfare, and health. You might also get sole legal custody if your ex-spouse:
- lives far away
- is neglectful or abusive, or
- does not participate in the children’s daily life
2. Physical Custody
If you get physical custody of your kids, they will be living with you regularly. It can be granted to one of you or both of you. An important thing to know is how a custody order could affect you in the future. For instance, some states can allow you to relocate with your kids if you have sole custody. To prevent the move, the noncustodial parent has to prove to the court that the relocation would harm the kids. Although this is not the case in Auburn, Indiana and Kendallville, Indiana, remember to check with a child custody attorney about whether such a decision could affect you later.
The other benefits of hiring a child custody lawyer are discussed below.
Speedy Case Resolution
A child custody case involves many legal complexities. If you do not have the skills required to handle it, you could delay the case. With a skilled legal attorney, there will be a quick resolution of the case resulting in minimal issues that come from lengthy paperwork. With the help of the lawyer, you will meet all the court requirements in a short time. An attorney will help you save time.
Knowledge About Family Law
A highly skilled custody attorney will be ready for any issues that could arise during the case. They will be ready for what the other lawyer may be trying and have many counter-arguments ready. This is very important, especially if your case is complicated and your spouse wants sole custody.
Avoid Costly Mistakes
Mistakes happen because parents try to handle the legal requirements of the custody case on their own. The result is hefty fines that have to be paid to the court for the case to be resolved. A competent custody attorney will manage the case well to avoid mistakes that could hurt the well-being of your kids.
A lawyer will negotiate so that you get a sufficient amount in child support. On the other hand, a good lawyer could help you avoid overpayment of child support. Without their support, you will not be able to handle the support matters, and you might end up with an inequitable, legally binding amount.
Divorce can be very stressful. If this is followed by a child custody battle, it becomes even more stressful for both parties. The paperwork and court processes involved are stressful without legal help. With an attorney, you will get expert legal help to make it easy for you to navigate through the legal complexities. They will take care of all the legal formalities of a child custody case so that you can focus on adjusting to your new life.
Your Childrens’ Interests Come First
When working towards the most beneficial contract, a reliable child custody lawyer will prioritize you and your childrens interests. They will give expert counsel to help you understand that the ultimate goal is to settle on a solution that is beneficial to everyone involved. You will need someone to fight for you and also look out for your children.
Remember that legal codes keep changing, and it’s not easy to keep up on all these changes. With this in mind, and since the legal system is already complicated, having a qualified attorney on your side will be the right thing to do. They are aware of all the changes in legal matters and are well suited to handle the case. Now you know why having the right legal expert represent you in court is crucial. Unless you can both agree on all the matters surrounding child custody, it is important to hire a reputable lawyer to help resolve the issues.
The Law Offices of Yoder, Kraus & Jessup P.C. has the expertise and knowledge to be able to assist you with any and all child custody issues you may have, whether is during the divorce process, or post divorce. Yoder Kraus & Jessup P.C. have been serving the NE Indiana areas legal needs for oover 50 years. Now with three convenient law office locations: Albion, IN, Kendallville, IN or our newest office now open in Auburn, IN.