Any issues involving children are of the utmost importance, including child custody. Custody can have a strong impact on children, parents, and their lives moving forward. When facing a child custody dispute, the child always comes first.
Custody cases can be demanding and exhausting. Fortunately, a child custody lawyer in Jackson can help.
What Is Child Custody?
Child custody refers to a child’s guardianship situation. Depending on the circumstances, a child may live with one parent or share time with both parents. The ability to make decisions for a child is also considered part of a custody arrangement.
Child custody is not one-size-fits-all, as there are many types and combinations of custody. What works best will depend on your particular situation.
Physical custody has to do with where the child physically resides. Parents frequently share physical custody of their children. While not as common, a judge also has the discretion to grant only one parent physical custody if they believe that is what’s best for the child.
Legal custody refers to the ability a parent has to make important decisions regarding their child. These decisions include those having to do with a child’s education, medical needs, and religion.
Usually, if the situation permits, parents share legal custody of their children. This allows both parents the opportunity to work together to make the best possible decisions for their children’s lives and futures.
Sole custody, also referred to as full custody, entitles a parent to exclusive custody of their child. The judge may grant one parent sole physical and legal custody or grant one parent sole physical custody with shared legal custody.
Joint custody, as the name implies, allows both parents to share custody of their children. Joint custody can mean shared physical custody, legal custody, or both. In the best cases, both parents have 50/50 physical and legal custody, giving children the chance to have a healthy family dynamic.
The Process of a Child Custody Attorney in Jackson, MS, Takes to Win a Case
If you’re going through a divorce and have children, you may be wondering what the process is for a child custody attorney to win a case. While every situation is different, there are some general steps that most attorneys will take in order to help their clients win custody of their children.
The first step is to gather evidence. This may include medical records, school records, emails, text messages, and any other relevant documentation. The attorney will then review this evidence and look for any patterns or red flags that could be used against the other parent.
Once the attorney has gathered all of the evidence, they will start to build a case. This involves creating a legal argument that demonstrates why the client should have custody of the children. The attorney will also work to debunk any negative evidence that the other parent may have.
Once the attorney has built a strong case, they will then start to negotiate with the other parent. The goal of this negotiation is to come to an agreement on custody that is in the best interests of the children. If an agreement can’t be reached, then the case will go to court and a judge will make a decision.
While every child custody case is different, these are some of the general steps that most attorneys take in order to help their clients win. If you’re going through a divorce and have children, it’s important to find an experienced attorney who can help you navigate the process and give you the best chance of winning custody of your children.
How to Get Child Custody in Jackson
Usually, child custody is dealt with during divorce proceedings. If you are in the middle of a divorce, child custody is one of the most important, and required, topics to tackle.
However, there may be certain instances where child custody will be its own separate issue without divorce – for example, in the case of unmarried parents.
If you wish to begin working on your child custody case, you will start by filing a petition with the court. After filing your petition, you will then serve the other parent, giving them notice of your intention to involve the court in your child custody dispute.
Before you can go before a judge, Mississippi requires mediation. During mediation, a neutral third party works with you and your child’s other parent to handle your differences and come to an agreement.
If you are unable to resolve all of your issues during mediation, you can then go to court. A judge hears each side’s arguments to make the best possible decision for you and your children.
How the Judge Determines What is Best for The Child and Who Gets Custody
When it comes to child custody cases, the judge will always aim to make a decision that is in the best interests of the child. This means taking into account a number of different factors, including the child’s age, health, and wellbeing. The judge will also consider which parent is more likely to provide a stable and loving home environment for the child.
In some cases, the judge may award joint custody to both parents. However, if one parent is deemed to be unfit or unwilling to care for the child, then sole custody may be awarded to the other parent.
If you are involved in a child custody case, it is important to remember that the judge’s ultimate goal is to make a decision that is in the best interests of the child. This means that you should focus on what is best for the child, rather than your own personal desires or objectives.
In some situations, the judge may take into consideration which parent the child wants to live with if they are over the age of 12. However, the child’s wishes are not always determinative, and the judge may instead choose to award custody to the parent they believe is best suited to provide a loving and stable home environment.
It is also important to note that in some cases, the judge may order a custody evaluation to be conducted by a professional. This evaluation will take into account all of the factors mentioned above, and will ultimately make a recommendation to the judge as to which parent should be awarded custody.
Reasons to Modify Child Custody and the Process
There are many reasons why you may need to modify child custody arrangements in Mississippi. Some common reasons include a change in circumstances, such as a new job or moving to a new city. Additionally, if the other parent is not following the custody agreement, you may need to modify the arrangement.
The process of modifying child custody in Mississippi is fairly straightforward. First, you will need to file a Motion to Modify with the court. Next, you will appear before a judge to explain your reasons for wanting to modify the custody arrangement. Finally, if the judge agrees that there is a good reason to modify the arrangement, they will issue an order changing the custody arrangement.
If you are considering modifying child custody arrangements in Mississippi, it is important to speak to an experienced attorney. A Jackson child custody lawyer can help you navigate the process and ensure that your rights are protected.
Child Support Payments for the Domicile Parent
The first step to receiving child support payments is to contact a child custody attorney in Jackson, MS, who specializes in family law. They will be able to review your individual situation and advise you on whether or not you are likely to receive child support payments. Even if you are not currently receiving child support, an attorney can help you file a petition with the court to request that payments be made.
There are a number of factors that the court will consider when determining whether or not to award child support payments. These include the income of both parents, the needs of the child, and the custody arrangement. The court may also consider any past due child support that is owed.
If you are awarded child support payments, the court will order the non-custodial parent to pay a certain amount of money each month. This amount is typically based on a percentage of the non-custodial parent’s income. In some cases, however, the court may order a flat rate payment.
It is important to note that child support payments are not always made on time. If the non-custodial parent fails to make a payment, you may be able to take legal action to enforce the court order.
Jackson Child Custody FAQs
Our Jackson, MS, Child Custody Attorney Answers Your Most Common Questions
It is not uncommon to have many questions when dealing with a child custody case. The answers to these frequently asked questions may be helpful when attempting to understand the child custody process.
Will my child ever need to appear in court?
Whether their children will have to appear in court is frequently a concern for parents. In most cases, children are not required to go to court. If a child is 12 or older, a judge may consider their opinions and desires when determining child custody. Nonetheless, the child may be able to sign an affidavit, eliminating the need to appear in court.
Does my child’s opinion matter when deciding on child custody?
While children are capable of having opinions at any age, they hold little to no weight when making decisions regarding child custody until they’ve reached a certain age. Once a child reaches the age of 12, a family court judge may express interest in the child’s opinion.
It is worth noting that the child’s opinion won’t be the deciding factor but will help the judge decide what is best.
If both parents have joint custody, does anyone pay child support?
Even if both parents share custody of their child, one parent may still be entitled to receive child support from the other parent. The judge will consider details, like each parents’ income, when determining whether child support is appropriate and how much should be paid.
What is the typical child custody schedule?
There is usually no “typical” child custody schedule. The schedule will depend on the custody arrangement and what works best for the parents and children.
Examples of child custody schedules include alternating weeks, every other weekend, and extended visitation, like summer vacations.
Do I need a child custody lawyer?
You are free to handle your child custody case completely on your own, as there are no requirements to have legal representation. Still, the decisions reached during a custody case can have life-altering consequences for you and your child. Thus, a child custody attorney in Jackson, MS, can be your best ally during this fight.
Child custody cases can be overwhelming and frustrating. A child custody lawyer will work diligently to protect your rights as a parent while ensuring your child’s best interests are always at the forefront.
Consult with Jackson Child Custody Attorneys
If you’re facing a child custody battle, you are not alone. A Jackson child custody lawyer has the skill and experience to provide competent representation to reach the most favorable outcome for everyone involved.
We are Mississippi proud, live here, work here, love here, and we deliver faithful service to our clients. By choosing our firm you will find winning results and learn a little more about how the system works. We don’t just do the job and leave; we are here every step of the way and answer all of your questions. For future needs with a child custody attorney in Jackson, MS, we can help modify any changes as needed and continue to help fight for what is in the child’s best interests.
At Ringer, Lingold & Spencer, our attorneys have a combined 73 years of experience fighting for clients and their rights. We have a client-first approach, making our clients and their needs our top priority. Our attorneys are always ready to put their best foot forward, doing whatever is necessary to pursue the best outcome.
Contact us today at (601) 845-5050 to request a consultation, and let’s begin working on your case.