QUESTION

Can a attorney get me custody of my daughter? How?

Asked on Apr 30th, 2015 on Child Custody - Nebraska
More details to this question:
I am trying to go through my divorce pro se but I am having problems. My 11 year old daughter wants to live with me but my husband still wants to get custody of her. We have been separated for two years and she has always lived with me. Does he have a chance of getting her? Can she choose who she wants to live with? Will I get her if I have a lawyer and he does not? How much does that usually cost?
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8 ANSWERS

I don't have enough facts about the child's father to answer your question- but unless your child is doing poorly in school, etc.-you have a good chance of retaining custody IF you hire an experienced attorney which will involve a Retainer fee to the attorney usually around $3, 500.00.
Answered on May 04th, 2015 at 5:03 AM

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Dispute Resolution Attorney serving Seattle, WA at Law Offices of Helene Ellenbogen P.S.
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Neither one of you "gets" the child. The child's time will be divided between both parents (unless there are reasons one parent absolutely should not have access to the child- this is very rare and involves certain criminal convictions of that parent). If a guardian ad litem is appointed, he will talk to the child and she can tell him her preferences if she has any. She does not get to make the choice at any age. The guardian ad litem will make a recommendation as to how time should be divided. Having a lawyer will certainly help you since the lawyer will know the law and know how/when to present things, negotiate etc. The cost depends on how much time it takes which varies greatly among cases.
Answered on May 01st, 2015 at 11:02 PM

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When dealing with complex custody issues, it is best to consult with an attorney. There are several factors to be considered in this type of matter.
Answered on May 01st, 2015 at 11:01 PM

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Good questions. Private legal services are often expensive. In Madison good lawyers ask for an advance payment of $2,000 to $5,000 for a custody/placement dispute. (Some law firms, like Community Justice, Inc. offer sharply reduced fees to people who cannot pay regular fees. You might call them.) You can be confident that a lawyer very likely can help you more than you can help yourself. The question for the court is what kind of custody and placement arrangement is in the best interest of the child. That might very well be you, but no one can say so for sure at present. The court, faced with this kind of decision, refers the parents to Family Court Services (in Dane County at least) and they do mediation, and if mediation fails, they do a study. Don't be cowed by a husband who makes threats. It's hard not to but lots of insecure husbands make such threats, and very few of the threats come true. Get a good lawyer. Good Luck.
Answered on May 01st, 2015 at 10:56 PM

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Business Law Attorney serving Bingham Farms, MI at James T. Weiner, P.C.
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Generally an attorney will help keep your custody but not guarantee it.. Frankly without more facts it is impossible to say changes.. except that it is hard to change established custody Generally he has to go through many hoops and have good reasons that are in the best interests of the child to change custody.
Answered on May 01st, 2015 at 12:05 PM

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Child Custody Attorney serving Raleigh, NC at Palmé Law Firm, P.A.
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1. You have custody currently and need to protect that situation. You need to commence a lawsuit for custody if you have not already. 2. The father always has the chance of getting custody of his child, although if the child has resided solely with you for the past 2 years, he would need a pretty compelling reason to disrupt that situation. He should be having some custodial time (visitation) with the child unless there is some danger of physical harm or other abuse by allowing him visitation. 3. No, 11-year-old children should never be put in a position where the child has the burden of making that choice between parents. That is for the parents to decide. 4. You won?t necessarily get custody just because you have a lawyer. It depends on the facts of each case. However, if you do have a lawyer, you will be able to get detailed answers to your questions and you will have someone who is experienced with presenting custody cases in Court. It is always better to have an attorney if you are going to be in Court. 5. The cost depends entirely on the attorney. Most attorneys in my area charge between $175 and $300 per hour for their services. Steve Palm? Please note our new address: The Palm? Law Firm, P.A. 5 W. Hargett St., Suite 507 Raleigh, NC 27601 Tel. (919) 803-4512 Fax (919) 803-4516 steve@raleighdivorcehelp.com www.raleighdivorcehelp.com Confidential - This electronic message and any attached files are confidential and are intended solely for the use of the addressee(s) named above. This communication may contain material protected by attorney-client, work product, or other privileges. If you are not the intended recipient or person responsible for delivering this confidential communication to the intended recipient(s), and/or you have received this communication in error, then any review, use, dissemination, forwarding, printing, copying, or other distribution of this email message and any attached files is strictly prohibited! If you have received this confidential communication in error, please notify the sender immediately by reply email message and permanently delete the original message. IRS Circular 230 Notice: To ensure compliant with requirements imposed by the IRS, we inform you that any tax advice contained in this communication or in any attachment herein is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding tax-related penalties or (ii) promoting, marketing or recommending to any party any tax-related matter addressed in this communication or any attachment herein.
Answered on May 01st, 2015 at 10:25 AM

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There is always a chance the Judge will rule for the other spouse. That is why it is best to get an attorney who specializes in Family Law. From your description, it appears as if you may be ok, but it is about your daughter, so don?t hesitate and get an attorney ASAP. Good luck.
Answered on May 01st, 2015 at 7:41 AM

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Family Law Attorney serving Lincoln, NE
Partner at GordenLaw, LLC
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Custody is very fact -specific and very judge-specific. You need to visit with an experienced local attorney about your options. There is no magic age in Nebraska where a child can decide -but the courts do consider the children's wishes (if those wishes are based on sound reasons). Best wishes!
Answered on May 01st, 2015 at 7:01 AM

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