What Does a Child Custody Lawyer Do?

Do I Need a Child Custody Attorney?

Typically, most family law attorneys also handle custody matters. Custody can be a contentious matter as part of a divorce, but they can also arise after the divorce has been finalized. Your attorney will elicit information from the parents about the issues that have caused problems with these child custody arrangements. Child custody issues also can arise between parties who have a child born outside of a marriage.

Your attorney should be well-apprised of the laws, and local Court rules that may affect custodial arrangements. A familiarity with the Judge or Magistrate assigned to your case is also helpful. This knowledge will help the lawyer explain the law to their client, and how that law affects the probability of the client achieving their desired custodial arrangement. Often, the lawyer will have to evaluate the claims made by their client, and then decide whether or not to seek a change in the current custody arrangement. It is common that one parent tries to use the children’s custody as a weapon against the other parent. The child custody lawyer can perform a vital service in these cases by attempting to discourage legal action in changing the custody arrangement.

Modifying Custody Arrangements

It may be necessary to modify a custody order for reasons of job relocation or a move to a distant city. The Cincinnati child custody lawyer will have to evaluate the potential for the court granting this modification. If the lawyer represents the parent whose visitation rights would be impacted, then the challenge is to minimize the impact. Child custody practice requires the attorney to not only be familiar with the applicable laws, but also with how the court is likely to rule. Or, the attorney must be capable of preparing a petition that will influence the court to rule in favor of the client.

The lawyer that is handling your child custody matter can also intervene in matters where the safety and welfare of the children are in jeopardy. If one parent is abusing the children, then the matter should be brought before the court. This means that the attorney must be capable of assessing the presence of abuse.

Amending Agreements

A child custody attorney representing you can also help ensure that the agreements in place are followed by both parties. It often happens that one spouse may break or bend the rules established in the custody agreement or shared parenting plan. When this is the case, having a trusted child custody attorney in Cincinnati at your side can help you correct such issues with minimal fuss and conflict.

If visitation schedules change, or vacation schedules switch, your child custody lawyer can put it into writing quickly and easily. Say the parent with a 30% visitation schedule moves back to town, and wants to switch from summers and winter breaks to every other weekend and Wednesdays. If you approve of such a change, your attorney can amend your custody agreement or shared parenting plan to reflect the agreed-upon updates.

A child custody attorney also has access to other resources if they are needed. Hopefully a restraining order is never necessary, but in case it is, your attorney can assist in requesting such documentation from a judge in your jurisdiction.

Enforcing Agreements

If your former spouse does not follow the visitation court order and custody order, there are a few steps you can take to ensure the honoring of your agreement. You can reach out to your local police department and ask them to enforce those orders. You can contact your county’s district attorney, and specifically request the Child Abduction and Recovery Unit. Or, with the help of your attorney, you can file an action for “contempt.” In such a situation, you are requesting that the court enforce the legal order, and asking that the court find that the former spouse (or former partner) disobeyed the court order willingly. It is not an easy process to file a contempt action, but it may be necessary. Contempt actions have severe consequences for the parent that has violated the court order. In some cases, the simple awareness that a contempt action could be filed is sufficient to get the negligent parent into compliance.

Experienced Cincinnati Child Custody Attorneys

If you are looking for a child custody lawyer in the Cincinnati area, contact Donnellon, Donnellon and Miller today to set up a consultation.