Child Custody Lawyers - Information

What is Child Custody?

In the case of divorce, generally, the court having jurisdiction of the divorce proceedings at times also determines who shall have custody of the child or children from the marriage. Under the common statutory provision, the parents of a child or children born within a marriage are joint guardians of that child and the rights of both parents are equal--each parent has an equal right to the custody of the child when they separate.

Custody is the charge and control of a child- including the right to make all major decisions such as education, religious upbringing, training, health and welfare. Custody usually refers to a combination of physical custody and legal custody. Many factors influence an award of custody and the way a case is presented in court can have a large impact on the result for you and your children. If you are awarded the children as a primary custodial parent, it has far reaching consequences both to you and to their well-being and development.

Should I hire a Child Custody Lawyer?

A lawyer that specializes in child custody cases can help expedite the custody process.

Frequently Asked Questions

• How Does The Court Decide Who Gets The Children?
  At the outset, it is important to understand that “custody” is usually divided into two separate categories – legal custody and physical custody.  Usually, both parents are … more
• What Happens To Custody When One Parent Needs To Relocate?
  Should a parent need to relocate, the court will continue to use the “best interests” standard in determining where the child will go.  There are federal laws that prohibit a … more
• Can Grandparents Have Visitation With Their Grandchildren If Their Son Or Daughter Is Divorced From The Other Parent?
  If a custodial parent does not allow grandparents visitation with their grandchildren the grandparents will need a court order.  Before allowing a non-parental visitation order the … more
• Can The State Terminate A Parent's Rights Over Their Children?
  Yes.  Every state has an agency that protects the interests of children.  That agency may ask the court to terminate parental rights.  Usually, the state must show that the parent … more
• Can My Parental Rights Be Terminated While I Am In Jail?
  Yes.  A parent's rights over their child may be terminated due to the parent's abandonment of the child.  A parent's incarceration may result in an abandonment due to … more

Free Legal Forms

• Petition for Custody and Support of Minor Children
  Use this form to petition the court for custody and support of minor children. (FL-260)
• Child Custody Information Sheet
  This information sheet provides general information about child custody and visitation matters, how to get help resolving a custody dispute or … more
• Child Custody and Visitation Application Attachment
  Use this form as an attachment to the petition, response or application for an order regarding child custody, support or visitation. (FL-311)
• Response to Petition for Custody and Support of Minor Children
  Use this form to answer a petition for custody and support of minor children that has been filed against you. (FL-270)