QUESTION
When going through a divorce, who actually has custody of the children?
Asked on Jul 08th, 2015 on Child Custody - Michigan
More details to this question:
When going through a divorce, who actually has custody of the children? Will an attorney help figure that out?
9 ANSWERS
Family Law Attorney serving Fountain Valley, CA
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Law Office of Edwin Fahlen
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Both parents have the right to custody of the children until court orders otherwise. Generally the police will not help a parent obtain possession (custody) of a child without a court order. Often there is a ?tug-of-war? over a child or children when the parents physically separate. Unless there is domestic violence it can take 45 days to months to get a court order for custody of children. Advance planning is a wise step, and a wise attorney can help a parent in this area.
Answered on Jul 09th, 2015 at 12:46 AM
Dispute Resolution Attorney serving Seattle, WA
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Law Offices of Helene Ellenbogen P.S.
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It's not about custody and yes, an attorney can both explain to you what needs to happen and make it happen by filing the appropriate motions with the court.
Answered on Jul 09th, 2015 at 12:45 AM
Medical Malpractice Attorney serving Clermont, FL
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Joanna Mitchell & Associates, P.A.
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Neither party has custody until a Judge orders how the time with the children will be shared. The parties are supposed to share time with the children fairly and liberally, unless there is good cause not to do so. You should talk to an attorney.
Answered on Jul 08th, 2015 at 2:45 PM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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A skilled family law attorney is almost always worth the investment. In a Wisconsin divorce between a couple who has children, it is typical to file (under one name or another) a motion for a temporary order which will deal with matters which require rules between the beginning and end of the divorce case. Such things typically include child custody and placement (which are two different things), child support, temporary but exclusive use of the family home, allocation of vehicles, and allocation of responsibility for debt. There are other questions which sometimes arise and can be decided, on an interim bases, through a Temporary Order.
Answered on Jul 08th, 2015 at 12:52 PM
Divorce & Separation Attorney serving Menasha, WI
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Petit & Dommershausen, S.C.
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The parties are presumed to have joint custody.
Answered on Jul 08th, 2015 at 12:52 PM
Who has custody of the children will be up to the parents until the court makes an order. If one parent doesn't allow the other to see the children then an emergency motion can be made in front of the judge to get an order for timesharing. Yes an attorney can help however a mediator might be better. Mediation is fast effective and affordable. Good luck.
Answered on Jul 08th, 2015 at 12:28 PM
Family Law Attorney serving Irvine, CA
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Law Office of Julie A. Ringquist
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An attorney can try to help both parents come up with an agreeable schedule for the children. If the parents cannot agree to a schedule, the court will have to make one. Each parent will request the schedule they want, present testimony and evidence as to why their schedule is in the children's best interests and a Judge will decide what the schedule should be. The Judge could choose one of the parents suggested schedules, or come up with a schedule somewhere in between.
Answered on Jul 08th, 2015 at 12:28 PM
Social Security Disability Attorney serving Melbourne, FL
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Law Office of Robert E. McCall
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Temporary and permanent custody will be decided by the Judge.
Answered on Jul 08th, 2015 at 12:27 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Unless there is an order to the contrary from the court, both parties have custody of the children during the pendency of a divorce.
Answered on Jul 08th, 2015 at 12:23 PM