A divorce is a trying time for any couple. When there are children involved, custody disputes may make the process even more difficult. The legal issues surrounding these cases are complex, making it important for any parent to seek counsel from a Maplewood child custody lawyer at the Williams Law Group, LLC.
A dedicated family attorney at our firm could advocate for you and your family and pursue a positive outcome in your case. To protect your relationship with your children, get the legal representation you need.
There are two major determinations that the court must make for divorce cases involving parents. The courts must decide on who will be granted physical custody and legal custody over the child.
Under state law, physical custody is a term used for the parent that provides a child with a home. Physical custody can be either joint or sole. Sole physical custody means that the child spends all of their time with one parent and will not stay with the noncustodial parent at all.
Joint physical custody means the parents split time caring for a child. This could involve one parent taking weekends while the other has the kids during the week, or any other number of arrangements. Physical custody also plays an important part in determining child support.
Legal custody is a parent’s right to make important choices for a minor child, such as decisions involving:
Like physical custody, it is also possible to have either joint or sole legal custody. A parent that has sole legal custody makes these important decisions on their own. When there is joint legal custody, both parents must come to an agreement.
It is possible to amend a custody order, especially in emergency cases. However, a parent that is concerned about their child’s health and well-being cannot simply take these measures on their own. As such, it is recommended for concerned parents to consult a nearby attorney who focuses on child custody.
State law allows for immediate hearings on custody in cases of emergency. When a parent is concerned their child is in danger, they can file an application seeking an Order to Show Cause. The parent must file this application in the court within the county where the child resides. In many cases, an emergent hearing may be granted on the same day as the application is filed.
However, obtaining emergency custody is not easy. A plaintiff and their attorney must convince the court that immediate, severe harm will befall the child without an emergency custody order. Additionally, these orders not permanent. Typically, a second court date will be set within ten days from the first. At that hearing, the court will determine if a permanent change in custody is necessary.
Given what is at stake, it is vital that you seek the guidance of an experienced attorney when dealing with child custody disputes. The right legal counsel could protect your rights and advocate for your relationship with your children.
At Williams Law Group, LLC, a Maplewood child custody lawyer work tirelessly to help you obtain a positive resolution to your case. Call now for a consultation with a skilled member of our team.