Divorce Attorney Questions - Legal Custody of Children

Courts determine legal custody. Normally, notice to all current custodians (both parents) is required, and divorce attorneys are provided advance notice to allow for the preparation of arguments. Based on findings of the court during a hearing (admissible evidence presented and sworn testimony), judges may award temporary custody. If custody disputed, an award of permanent custody must be either agreed between the parties or determined by trial verdict.

Custody differs from guardianship in that custodial duties include financial responsibility for the needs of children, whereas a guardian is normally responsible for physical care and needs, but not personally liable.

First meetings with divorce attorneys

Several important events occur during an office meeting with a divorce attorney. Immediately, you will notice the general level of professionalism in their practice. How nice the office? Would you be pleased to have this attorney represent you publicly? Does the firm maintain a perfect record with the state bar? You can verify the firm's record by calling the state bar and inquiring about any member - disclosure is provided free as a public service.

They will size you up as a potential client. Divorce attorneys are wary of all potential clients harboring unreasonable expectations. Aggressive is good. Unreasonable is not. During your meeting, most attorneys will decide if they can meet your goals and provide you with a thorough evaluation of why, or why not, your goals can be achieved. Lawyers are always concerned with their professional reputations. They want full disclosure from all clients to be able to craft the best possible strategy upon credible, admissible proof.