Child Custody FAQs
The well-being of a child is a factor that may weight greatly on the mind of a parent, which is why it’s important to consider the guidance of a child custody lawyer Bloomington IL families can count on. When a child (or children) is caught in the middle of a breakup, divorce, or safety issue, child custody and visitation must be contemplated. This process can vary from being straightforward to relatively complex. Having a Bloomington child custody lawyer on your side might ensure the case goes as smoothly as possible.
Understanding How Child Custody Works
Pioletti Pioletti & Nichols, a law firm that has been around since 1938, regularly receives general questions about child custody. To help you make the right decision on whether or not you should retain a child custody lawyer Bloomington IL provides, please consider the general information:
What is the difference between legal custody and physical custody of a child?
Physical custody is when a parent lives with the child and has the right to provide daily care to him or her. Legal custody allows a parent to make long-term decisions about the child’s welfare including their education, medical care, upbringing, and religious instruction.
What happens when a child’s parents are unmarried and separating?
In general most states allow the mother to be awarded physical custody unless the father takes action. It is usually difficult for the unwed father to win custody over a mother who is of sound mind and body. If the mother is deceased or incapacitated because of an injury, addiction, or mental health issue, the father could be awarded physical custody. He may also supersede the right to custody over a foster parent, prospective adoptive parent, or other relative.
My partner and I would like to come to a healthy arrangement without involving a courtroom procedure. Is this possible?
Yes, parents have the right to resolve custody and visitation matters outside of the court. This may happen either through an informal settlement, with the help of a child custody lawyer in Bloomington IL, or through alternative dispute resolution, such as mediation. Typically, a court will need to approve the arrangement, and this can be organized through the assistance of a lawyer.
What happens if my case goes to family court?
When your case goes to family court, it is highly advisable to have a child custody lawyer Bloomington IL respects fighting for your parental rights. Generally, a court will consider various factors that are based upon the child’s best interests. If the children are of a certain age, the courts may listen to their preference and take that into consideration during the deliberation.
Can another person, outside of the parents, gain child custody?
Sometimes relatives like aunts, uncles, grandparents, or close family friends can file a claim to get custody of a child or guardianship. This is done on a case by case basis; therefore, it’s prudent to talk with a child custody lawyer Bloomington IL has to offer.
Do grandparents have any rights?
All states have some kind of law which protects the grandparent’s right to visitation. To enforce this legal right, you may want to speak with a lawyer.
How can I talk to a lawyer who cares?
Child custody and visitation is usually a contested matter in separations and divorces. Because the final outcome can have a significant, long term impact on the family members, it’s important to consider all legal options. By having a lawyer on your side, you increase your chances of getting a favorable result. To explore your potential routes of legal navigation, talk to Pioletti Pioletti & Nichols. For a free consultation with a child custody lawyer Bloomington IL families depend on, please call (309) 467-3213.