Child custody lawyers

Find a child custody lawyer who puts your children first

When parents separate, a child custody lawyer helps agree or decide where the children live, how much time they spend with each parent and how they are supported. This guide explains how custody works and how to find the right lawyer.

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What a child custody lawyer can help with

  • Custody and parenting plans: where the children live and how decisions about them are made
  • Visitation or parenting time for the parent the children do not mainly live with
  • Child support: how much is paid and how it is calculated
  • Changing an existing order when circumstances change
  • Relocation: one parent wanting to move away, including to another country
  • Enforcement when the other parent does not follow an order
  • Urgent protection where there is a risk to a child

How courts decide custody

Almost everywhere, the court's main concern is the best interests of the child, not what is fairest to either parent. Judges look at things like the child's age and needs, each parent's ability to care for them, the stability of their home and school life, the relationship with each parent and, as they get older, the child's own wishes.

In the USA the terms are legal custody (who makes major decisions about education, health and religion) and physical custody (where the child lives). Either can be joint or sole. In England and Wales the court makes "child arrangements orders" about who the child lives with and spends time with, and parents are expected to try mediation first in most cases.

Agreeing without going to court

Most custody arrangements are agreed, not decided by a judge. A lawyer can help you negotiate a parenting plan, often with a mediator, that covers weekdays, weekends, holidays, school, travel and how you will communicate. A written, court-approved agreement is much easier to rely on than an informal one if things go wrong later.

Moving away with your child

If you want to move a long distance or abroad with your child, you usually need the other parent's written consent or a court order. Taking a child abroad without it can be treated as child abduction under the Hague Convention, even by a parent. Speak to a custody lawyer before you make plans, and if the move is to another country, consider a lawyer there as well.

How to choose a child custody lawyer

  1. Family law experience

    Look for a lawyer who regularly handles custody cases in the courts where yours will be heard.

  2. Calm, child-focused approach

    Courts respond better to parents who put the children first. A good lawyer helps you do that, rather than escalating every disagreement.

  3. Check their license

    They must be licensed in the state or country where the case will be heard. Every listing shows the regulator and registration number.

  4. Ask about cost and timing

    Ask how they charge, what the likely total is, and how long a case like yours usually takes.

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Common questions

Do I need a lawyer for a custody case?

You are not always required to have one, but a lawyer is strongly advised if the other parent has a lawyer, there are safety concerns, one of you wants to move away, or you cannot agree on the basics. A lawyer also helps make an agreement legally binding.

What is the difference between legal custody and physical custody?

In the USA, legal custody is the right to make major decisions about a child, such as schooling and medical care. Physical custody is about where the child lives day to day. Parents can share one, both or neither.

Does a mother automatically get custody?

No. Modern courts do not favor either parent because of gender. Decisions are based on the best interests of the child, and many arrangements are shared.

At what age can a child choose which parent to live with?

There is no single age. Courts give more weight to a child's views as they get older and more mature, but the final decision is still based on the child's best interests.

Can a custody order be changed?

Yes. If circumstances change significantly, such as a move, a new job or a change in the child's needs, either parent can ask the court to change the order, or both can agree a new arrangement and have it approved.

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