Orem Child Custody Attorney: When to Hire One

When should I hire an Orem child custody attorney?

It is often difficult to know when a parent, grandparent, or guardian should hire a child custody lawyer. The purpose of the child custody hearing is to determine the best arrangement with the needs and interests of the child in mind. Advice from a child custody lawyer helps the parent to properly assess and present the facts relating to why he or she should retain or receive custody of the child.

Questions relating to the engagement of an Orem child custody attorney include:

What are the costs?

Legal representation can be expensive depending upon how many hours the attorney must work and the state in which the parent lives. The law firm may require a retainer. Low cost attorneys may be available to represent the parent in family court in some instances. The court is likely to request information about the parent’s financial resources before the entitlement to legal representation is determined.

What are the benefits?

Few child custody cases are simple. Complex issues are likely to present in the child custody case. Analysis and presentation of the issues by a qualified child custody attorney benefits all involved. For example, if the parent desiring custody lives out of state, a child custody attorney understands the complexities of the case and the local legalities and can properly represent the parent in a child custody hearing.

In which scenarios should someone definitely hire an attorney?

There are few scenarios in which a parent in search of child custody is adequately served by self-representation. When a parent decides by default to represent himself/herself because he or she lacks financial resources, it is important to properly prepare for the custody hearing. The parent should present calmly and make a succinct, clear statement to family court. Anger or outbursts made in the court towards the other parent or judge could derail a custody bid. If relations between the parents or other parties are contentious, it is especially important to retain the services of a child custody lawyer. Respectful discourse is always required.

Are there any situations in which it is unnecessary?

It is always best to retain a qualified child custody attorney. If the custodial parent, grandparent, or guardian dies or becomes permanently disabled, the non-custodial biological parent or interested party may step forward to request custody. In most cases, custody is awarded unless the party is considered “unfit.” A parent, grandparent, or guardian should consider this scenario in advance and request turnover of physical and legal custody to the surviving parent, grandparent or guardian in his or her will. The family court makes the final decision regarding physical and legal custody of the child in this scenario.

What are the considerations involved when evaluating and hiring a child custody lawyer?

  • A parent should take the necessary time to evaluate the custody lawyer’s reputation.
  • Some attorneys specialize in certain types of custody cases, so the parent in need of specialized expertise may be best served by a specialist lawyer or law firm.
  • When a parent requests and receives low cost legal representation, it is important to ask the attorney about the attorney’s experience with child custody cases.
  • It is appropriate to ask the attorney about his record at winning previous child custody cases.
  • Additionally, the parent should not be afraid to ask about the attorney’s strategy to win the child custody case.

The parent, grandparent or guardian is likely to have limited time to present their argument. The judge, custody adjudicators or mediators review multiple custody cases every day. The family court custody hearing may be brief, although multiple sessions to resolve the case may occur. The parent should therefore work closely with a qualified child custody attorney to prepare and present all information related to the case. It is essential to present the best argument in a short period of time.

Hiring the best child custody attorney can be a challenging task.

But it doesn’t have to be.

Kelly Peterson is an experienced lawyer, specializing in family law and custody cases. He is one of the only certified Child Welfare Law Specialists practicing privately in Utah, as granted from the National Association of Counsel for Children. Contact us today to schedule your consultation.

Kelly Peterson
About the Author

Experienced Divorce Lawyer Kelly Peterson handles child custody, visitation, paternity, grandparent rights and mediation cases.

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*Child Welfare Law Specialist Nat’l Assoc. of Counsel for Children