When you are equipped with sufficient information regarding child custody matters, it makes preparation for your case easier. Ultimately, you want the court to make a decision that is favorable to you and your child. Here are answers to some questions that will help you face your custody case with confidence.

5 FAQ About Child Custody Cases

How do the courts decide who gets custody?

A court considers many factors before it determines which parent will be granted custody. In most cases, these factors involve the ability and willingness of the parents to provide for the child, the current relationship of the child with the parents, and any existing custody arrangements.

What differentiates “physical” custody from “legal” custody?

Physical custody or placement means the child will be living with the parent who has been granted this form of custody. Legal custody, on the other hand, allows a parent the right to make decisions for the child. This includes core aspects of a child's well-being such as medical care, education, and religious instruction. It is possible for a parent to have physical custody/placement without being granted legal custody.

Is it necessary to get a child custody lawyer? 

You can always opt to represent yourself in court, but a competent family law attorney will help you prepare for your court appearance. Other compelling reasons to hire a family law lawyer include when your ex-partner also has a lawyer, when the case is complicated, or if you feel that you are in danger. The process of seeking child custody is stressful enough, so having legal representation will help take that weight off your shoulders when you are going through a custody case.

Can divorced parents settle custody arrangements outside of court?

Yes, that is always an option. However, using the services of an attorney makes it easier to come up with a favorable arrangement for both parties. As a formality, the approval of a court is needed in most cases to finalize the arrangements.

Can a parent prohibit visitation if child support is not settled? 

No, a parent cannot deny visitation rights even if child support is not paid. Visitation and child support are issues independent from each other. A child should not have to suffer the consequences of one parent’s failure to pay child support.

The experienced family lawyers at Guillien Van Nuland, LLC will go above and beyond to help you win your child custody case. For more than 25 years they have provided outstanding legal services for divorce and custody cases to clients in La Crosse, WI, and surrounding areas. Learn more about their family law services online or call (608) 782-4411 for a consultation.