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Business & Commercial Dispute Resolution Document & Notarial Employment Law Family & Personal Immigration & International Real Estate & Property Find an ExpertWhen 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.
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.
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.
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.
Look for a lawyer who regularly handles custody cases in the courts where yours will be heard.
Courts respond better to parents who put the children first. A good lawyer helps you do that, rather than escalating every disagreement.
They must be licensed in the state or country where the case will be heard. Every listing shows the regulator and registration number.
Ask how they charge, what the likely total is, and how long a case like yours usually takes.
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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.
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.
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.
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.
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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