QUESTION
If I hire an attorney to represent me, will that help me get custody of the kids before filing for divorce?
Asked on Jul 08th, 2015 on Child Custody - Nebraska
More details to this question:
My husband and I just separated, and I have brought our children with me to live in my parents home. Can I ensure that the custody during the process will be fair by hiring an attorney to represent me? I spend my time with our children when not working, but all their possessions are still with their father.
5 ANSWERS
Dispute Resolution Attorney serving Seattle, WA
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Law Offices of Helene Ellenbogen P.S.
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The allocation of time with the children is part of the divorce. Custody is not at issue in WA, residential time and decision making authority is. Where there stuff is is irrelevant. As soon as one of you files a Petition for Dissolution, you can make a motion for temporary orders and get a temporary parenting plan and child support in place and have their stuff whereever they are the majority of time. I suggest you get a lawyer.
Answered on Jul 09th, 2015 at 12:45 AM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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This sounds very similar to a question I answered earlier this afternoon. There's nothing wrong with being prompt about hiring a lawyer, and you will likely benefit from one. There is no guaranty that a lawyer can succeed in winning you a fair outcomewhatever that may meanbut s/he can certainly increase your chances of winning.
Answered on Jul 09th, 2015 at 12:38 AM
Medical Malpractice Attorney serving Clermont, FL
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Joanna Mitchell & Associates, P.A.
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Hiring an attorney can absolutely help you protect and obtain your rights as they pertain to your children. An attorney can also help make sure other rights and options are protected, such as the appropriate division of any and all assets and any other financial considerations. You should talk with an attorney before making any decisions as to how to proceed.
Answered on Jul 08th, 2015 at 2:46 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Your chances of achieving your goal would be significantly enhanced by engaging and taking counsel from an attorney immediately. Currently you, by default, you both have equal rights to the children. Once the divorce is filed the court has jurisdiction of the parties, their marriage and their children and can place an enforceable parenting time order.
Answered on Jul 08th, 2015 at 1:44 PM
Domestic Relations Attorney serving Omaha, NE
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Diane L. Berger
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There are no guarantees that an attorney can provide. However, it is always better to have someone representing you who know the law and the ins and outs.
Answered on Jul 08th, 2015 at 1:06 PM