Child-Related Issues (Child Custody)
Child-related issues address the legal and practical arrangements for caring for a child. This involves determining where the child will live primarily, how much time the child will spend with each parent, and who will make important decisions about the child’s upbringing.
Some cases start with determining who is legally recognized as a parent, before addressing other child-related issues. These cases typically include parentage and de facto parentage. Parentage is the legal relationship between a biological parent (or adoptive parent) and their child, including rights and obligations such as custody and child support. De facto parentage is the legal recognition of a person who has acted as a child’s parent but is neither the biological parent nor adoptive parent of the child.
Cascade Legal Solutions understands that child-related issues are often some of the most contentious and emotional issues in a divorce or separation. CLS is dedicated to helping clients obtain a custody arrangement that is in the best interests of the child and that works for the whole family.
We have significant experience handling all types of child-centric cases, from relatively simple cases where parents are able to work out a custody arrangement through mediation, to complex cases involving high-conflict custody battles. We work closely with our clients to understand their unique situation and to help them develop a custody arrangement that meets their needs and the needs of their children.
At CLS, we have a deep understanding of the legal principles that govern child-related issues, and we have the knowledge and experience to effectively advocate for our clients in and out of court. Whether you are seeking joint custody or visitation rights, we are here to help protect your rights and the best interests of your children.
The other parent and I were never married?
If you and the other parent of your child were never married, there are a few important considerations to keep in mind when it comes to child custody.
Firstly, if there is no court order or custody agreement in place, both parents have equal rights to physical custody of the child. This means that either parent can make decisions about the child’s welfare, including where the child will live.
However, if there is no custody agreement in place, it’s important to establish one as soon as possible. This can help prevent disputes and ensure that both parents have a say in important decisions regarding the child’s upbringing.
If you and the other parent are unable to come to an agreement on your own, you may need to seek the assistance of a Family Law attorney or mediator. They can help you negotiate a custody agreement that works for both parties and is in the best interests of the child.
In some cases, a court may need to intervene to establish a custody arrangement. In such cases, the court will consider a number of factors, including the child’s age, the child’s relationship with each parent, each parent’s ability to provide for the child’s basic needs, and any other relevant factors.
It’s important to note that even if one parent has physical custody, the other parent may still have the right to visitation or parenting time with the child. This can help ensure that the child maintains a relationship with both parents, even if they do not live together.
Navigating child custody issues as an unmarried parent can be challenging, but with the right legal guidance, it’s possible to establish a custody arrangement that works for everyone involved. An experienced Family Law attorney can help you understand your rights and options and guide you through the legal process.
I’m not a biological parent, and I haven’t adopted?
If you’re not a biological parent and you haven’t legally adopted the child, then you may face additional challenges when it comes to establishing child custody. However, you may still be able to seek custody or visitation rights under certain circumstances.
If you have a close relationship with the child and have acted as a parent to them, you may be able to seek custody or visitation through a third-party custody action. This type of action allows non-parents to seek custody or visitation rights if it is in the best interests of the child.
In order to be successful in a third-party custody action, you will need to demonstrate to the court that you have a close relationship with the child and that granting you custody or visitation would be in the child’s best interests. This may require providing evidence of your involvement in the child’s life, such as attending parent-teacher conferences, helping with homework, or providing financial support.
It’s important to note that third-party custody actions can be complex and difficult to navigate without the assistance of an experienced Family Law attorney. An attorney can help you understand your rights and options and can guide you through the legal process.
If you are not seeking custody, but instead are seeking visitation rights, you may be able to do so through a parenting plan. A parenting plan is a legal document that outlines the visitation schedule and other details regarding the child’s care and upbringing.
In order to establish a parenting plan as a non-parent, you will need to show that you have a significant relationship with the child and that visitation would be in the child’s best interests. An experienced Family Law attorney can help you understand your rights and options and can help you negotiate a parenting plan that works for everyone involved.
Navigating child custody issues as a non-biological or non-adoptive parent can be challenging, but with the right legal guidance, it’s possible to establish a custody or visitation arrangement that protects the best interests of the child while also recognizing your role in the child’s life.
I’m a step-parent?
If you’re a step-parent seeking custody of a child, there are a few important factors to consider. In most cases, step-parents do not have legal standing to seek custody unless they have legally adopted the child or have been granted legal guardianship.
However, there are some circumstances in which a step-parent may be able to seek custody. For example, if the child’s biological parent is unable to care for the child due to illness, incarceration, or other reasons, the step-parent may be able to seek custody if it is in the best interests of the child.
Additionally, if the step-parent has developed a close relationship with the child and has acted as a primary caregiver, they may be able to seek custody or visitation through a third-party custody action.
In order to establish custody as a step-parent, you will need to demonstrate to the court that you have a close relationship with the child and that granting you custody would be in the best interests of the child. This may require providing evidence of your involvement in the child’s life, such as attending parent-teacher conferences, helping with homework, or providing financial support.
If you are not seeking custody, but instead are seeking visitation rights, you may be able to do so through a parenting plan. A parenting plan is a legal document that outlines the visitation schedule and other details regarding the child’s care and upbringing.
In order to establish a parenting plan as a step-parent, you will need to show that you have a significant relationship with the child and that visitation would be in the child’s best interests. An experienced Family Law attorney can help you understand your rights and options and can help you negotiate a parenting plan that works for everyone involved.
Navigating child custody issues as a step-parent can be complex and challenging, but with the right legal guidance, it’s possible to establish a custody or visitation arrangement that protects the best interests of the child while also recognizing your role in the child’s life.
I’m a grandparent / aunt / uncle / another family member?
If you are a grandparent, aunt, uncle, or another family member seeking custody of a child, you may face unique challenges in establishing your rights. In many cases, biological parents have the right to make decisions regarding their child’s custody and care, and it can be difficult to override these decisions without a compelling reason.
However, there are some circumstances in which a family member may be able to seek custody or visitation rights. For example, if the child’s biological parents are unfit to care for the child due to drug abuse, neglect, or other reasons, a family member may be able to seek custody if it is in the best interests of the child.
In order to establish custody as a family member, you will need to demonstrate to the court that you have a close relationship with the child and that granting you custody would be in the best interests of the child. This may require providing evidence of your involvement in the child’s life, such as attending family events, providing financial support, or providing care for the child.
If you are not seeking custody, but instead are seeking visitation rights, you may be able to do so through a parenting plan. A parenting plan is a legal document that outlines the visitation schedule and other details regarding the child’s care and upbringing.
In order to establish a parenting plan as a family member, you will need to show that you have a significant relationship with the child and that visitation would be in the child’s best interests. An experienced Family Law attorney can help you understand your rights and options and can help you negotiate a parenting plan that works for everyone involved.
Navigating child custody issues as a grandparent, aunt, uncle, or other family member can be complex and challenging, but with the right legal guidance, it’s possible to establish a custody or visitation arrangement that protects the best interests of the child while also recognizing the importance of family relationships.