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The Laws on Child Custody



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The laws on custody of a child vary widely across the country. Some states have clear guidelines about who gets the child. Others allow courts to decide based on the facts. Parents must show that their relationship to the child is detrimental to the child’s best interests. Although it is more common to have joint physical custody, some states don't have any laws. Joint physical custody means the kids have regular contact between their parents and will likely share frequent, shared and real homes.

Joint legal custody

It can become a nightmare for parents if they don't get along. This can lead to a conflict between the parents, with one parent rarely being with the child and the other not. Having to travel back and forth is not ideal, and frequent transitions can cause conflict. Additionally, parents who don’t get along with their spouses may prefer shared legal custody.


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Parenting responsibility

The court's jurisdiction will decide if one parent is given physical custody or shared custody. Parents are often at odds over who should have primary responsibility for their child’s education, care and moral development. The parenting time responsibility must reflect each parent's obligations as a parent. The court will consider factors such as distance and transportation. As long as one parent is not abusive towards the other, both parents will have equal rights and responsibilities.


Parent's sexual orientation

The question of whether a parent's sexual orientation affects the laws on custody of a child has become increasingly complicated in recent years. Washington's Supreme Court addressed the question of whether a parent's homosexual orientation can affect the custody of a child. Actually, the court found that the state's law provided a loophole that allowed the judge the privilege of a heterosexual parent to be preferred over a gay parent. Washington Supreme Court ruled, therefore, that the courts must be neutral and impartial. Parents are not allowed to force their children to live together regardless of their sexual orientation.

Temporary custody

If you have a child and are in a custody battle, you need to understand how temporary custody laws work. A temporary custody order can be granted in emergency situations such as parental abandonment, where the other parent has no access to the child. The other parent can step in to help the child. Temporary custody laws that are applicable to a child's best interests are intended to protect their best interests.


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Modification of a custody order

You might want to modify a custody order if you divorce. Georgia allows you to choose the parent that your child lives with after a certain age. Illinois also allows children to choose their own parent at a certain age. Two main options exist to amend an order before it expires. Both of them require substantial changes to the circumstances of the child. You must prove to the court that there has been a significant change in the child's circumstances.


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FAQ

What job opportunities will I have once I'm done with school?

Three main career paths are available to graduates: public interest, private practice, and government service. Public interest jobs can be as an attorney in a non-profit or as a judge. Private practice jobs include being a solo practitioner or a partner in an organization, as well as corporate counsel. One of the many government service positions is as a defense attorney, prosecutor, or judge.


Do all lawyers have to wear suits?

Not necessarily. Some prefer to wear casual clothes while others prefer suits. Many lawyers dress casually. Some states do require lawyers to dress professionally.


Which type of lawyer are you best at?

Legal professionals are not afraid to ask clients for what they need. They are willing to go above and beyond the call of duty to ensure clients receive the most effective representation possible.

Because they know that winning these cases will mean no business, they will be willing to accept cases other lawyers wouldn't take on.

Legal professionals are skilled at negotiation and will use their skills in order to secure the best possible deal for their client.

You are someone who is committed and dedicated to providing high-quality service and results. An individual who is able to think outside of the box, and come up with innovative solutions that others may not have considered.

Someone ethical and honest. Person who observes all rules and regulations that are set by government agencies and courts.

A strong work ethic and integrity are hallmarks of a legal professional.



Statistics

  • According to the Occupational Outlook Handbook published by the Bureau of Labor Statistics, the national average annual wage of a lawyer is $144,230. (legal.io)
  • Though the BLS predicts that growth in employment for lawyers will continue at six percent through 2024, that growth may not be enough to provide jobs for all graduating law school students. (rasmussen.edu)
  • The states that saw the biggest increase in average salary over the last 5 years are Rhode Island (+26.6%), Wisconsin (+24.1), Massachusetts (23.2%), Wyoming (18.3%), and North Dakota (18.1%). (legal.io)
  • The nationwide number of first-year students enrolling last fall increased by almost 12%, according to recent data by the American Bar Association. (stfrancislaw.com)
  • A Johns Hopkins study of more than 100 professions found lawyers the most likely to have severe depression—four times more likely than the average person. (rasmussen.edu)



External Links

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How To

How can I get free legal help?

Finding a pro bono lawyer is very difficult because there are so many lawyers out there who want your business. There are several ways you can go about finding a pro bono attorney. You can ask around at your local bar association, look online for a list of attorneys who offer pro bono services, or check with your state's bar association. Another way to find a pro bono attorney is through a local law school. Many law schools offer their students the opportunity to work with low-income clients to give them access to justice. If none of these options seem like a good fit for you, then you should consider contacting a nonprofit organization such as Legal Services Corporation (LSC). LSC supports nonprofit organizations throughout the country that provide civil legal help to people living below poverty lines. The organization finances programs that help low income individuals with housing problems, child support enforcement matters, family law matters and consumer protection. LSC offers financial assistance and also guides grantees in how to best serve clients. Some services include:

  • Financial counseling
  • Assistance with bankruptcy filing
  • Helping families to resolve domestic violence issues
  • Representation before administrative agencies

These are some helpful tips for those who are searching for pro bono lawyers.

  • You shouldn't waste your time looking for a specialist in your case. Pro bono lawyers may represent many types of clients. They will likely not have any experience dealing with your specific issue.
  • Consider hiring a lawyer that has had experience representing clients with low income. This is a sign that the lawyer has had experience working with low-income clients.
  • Ask your lawyer if he or she has received any training in the area you are concerned. If you have to deal with landlord/tenant issues for instance, make sure that you ask the lawyer about their experience in these cases.
  • Check to see if the lawyer will accept new clients. You won't find a lawyer who will only accept certain cases.
  • Do not trust lawyers who claim that they specialize in a certain area of law. Many lawyers claim they are specialists in a specific area of law but do not know enough about the subject matter.
  • It is important to ensure that the lawyer has a solid reputation. Ask your family members and friends to recommend a lawyer. Also, search online for reviews from other clients.






The Laws on Child Custody