If you are reading this blog then most likely you are grasping for at least one of the following: 1) an understanding of how custody works; 2) is this uniform everywhere; 3) how should you approach your own custody case; 4) what is the next step.
I am a family law attorney in Utah and my practice is almost all centered around custody cases. In conjunction with my law practice, Cragun Law Firm, P.C., I own a supervised visitation center (Utah Custody.com, LLC) which monitors, supervises and otherwise facilitates interaction between parents and their children. I am currently on the Executive Committee of the Family Section of the Utah Bar Association. If you want to see more of my curriculum vitae feel free to visit my law practice website at www.utah-lawfirm.com. I tell you the foregoing so you’ll understand geographically where my experience comes from, that I am speaking from lots of hands on experience and that you’ll take everything I say with a grain of salt until you’ve spokent to an attorney in your state.
First, don’t construe this as legal advice as I’m not your attorney.
Second, let’s start at the top. What is custody? My definition of custody may differ from yours. I think at the end of the day custody is broken into two parts: physical custody means where is the minor child spending time and legal custody who is making the moderate and major decisions regarding the child's welfare (i.e. picking doctors, schools, etc....).
Third, does the foregoing apply in your specific state. The short answer is: I don’t know. The general principles appear to translate across state lines in most cases. However, a gentle reminder is there are resources for your state that will guide you through the process (see the Custody Tutor homepage and click on the link). After you are done researching - I can’t over emphasize - consult a dang good FAMILY LAW/CUSTODY attorney; unless of course you would use your family doctor for brain surgery then I guess maybe you’ll go find a general practitioner - regardless of what a terrible choice that is! If you would use a plumber to fix your electrical problem, because they both work on houses, then disregard the rest of this article - the common sense will overload you! A solid family law attorney that regularly practices custody is worth their weight in gold (and that is what they'll most likely charge).
Fourth, is how should you approach your own custody case. The big warning here is the word “should.” Talk to an attorney to get legal advice but here is my opinion on the matter. FOLLOWING UP ON THIS BLOG WILL FOLLOW IN THE NEXT FEW DAYS! STAY TUNED!
Tuesday, May 27, 2008
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