In this article, you can discover…
- Critical mistakes you should avoid when in a custody dispute
- How early to hire an attorney in a custody case
- What you’ll need to prepare for a custody dispute
Mistake One: Waiting Too Long To Hire An Attorney
The biggest mistake that you can make in a divorce case involving children is to wait to hire an attorney. Many clients feel they can handle custody arrangements on their own, and don’t plan to hire an attorney unless their spouse contests terms after the process is underway.
Unfortunately, trying to petition for custody or understand how to effectively petition without a lawyer present from the beginning can be ruinous. A good lawyer can understand what information, facts, and evidence need to be submitted, while a spouse may feel unsure whether or not they should include certain details.
It is common for a custody journey that feels friendly at first to become difficult, unpleasant, and competitive once you get to court. A spouse with a good custody lawyer has a professional with the legal backing, familiarity with the law, and understanding of documentation needed to fight well. On the other hand, a spouse with no lawyer only has their word (and little more) to defend them and their children.
Don’t let that be you. Remember, it’s always safest to enter this journey prepared, and well-represented, from the beginning. The sooner you hire a family law attorney, the sooner we can go over your case, and help you compile the right information.
Mistake Two: Hiding Or Omitting Information
When facing divorce, you may feel tempted to withhold upsetting details about your spouse’s behavior in an attempt to keep things amicable or avoid angering them. But all details about a spouse’s negative behavior, addictions, mental health issues, and legal history should always be disclosed from the beginning.
Attorney David Bliven is a compassionate, accomplished lawyer based in New York, who has helped parents just like you successfully traverse the intricacies of custody law. With over 25 years of experience in New York family law, David Bliven is ready to help you present your case and protect your family, letting you move through this difficult time with greater peace and certainty.
Still have questions? Are you ready to get the help and answers you’re looking for? Call the Law Offices of David Bliven today to schedule an initial consultation.
The more accurate and detailed information that we can access and compile from the start, the safer your children will be in the long-run. Remember, the goal is not to pity or protect an abusive or problematic spouse, but to fight for your rights as a parent and keep your children safe.
The easiest way for us to do that is with honest, consistent records of mental health, addiction, behavioral, and legal issues. This documentation could take the form of:
- Text messages from a spouse admitting to dangerous or illegal behavior
- Photos or videos documenting a drinking problem, drug use, violence, or neglect
- Audio recordings of aggressive or threatening language
- Formal paperwork linked to arrests
- Dated journal entries documenting your spouse’s concerning behavior
- And more…
Submitting this information with the original petition keeps your case consistent, and allows us to enter the custody dispute far better prepared. Finally, you and your attorney can sit down and focus on the financial aspects of your custody dispute, making sure to help you avoid the third most common mistake clients often make.
Mistake Three: Underestimating Legal Costs
Custody litigation can be lengthy and costly. A responsible lawyer will sit down with clients to discuss finances, before they even get to court. While a good attorney can help you prepare to win, you also need to be prepared to handle the expenses of a custody dispute.
What might those expenses look like? Upfront retaining fees can range from $10,000 to $25,000 – but this doesn’t include later billed hours. Keep in mind that a lawyer can easily bill 100 hours or more once your case goes to court, and if your attorney costs $600 to $1,200 an hour, costs will add up over time. Documents, records, subpoenas, and witnesses may need to be secured, and this will increase expenses, too.
Having a realistic and strong plan in place to pay for fees is important; being unable to continue paying for a lawyer mid-trial can damage an otherwise strong case. We don’t tell you this to scare you, only to help you decide how to best use your resources (such as lines of credit, savings, or assets), and to understand that being prepared will increase your chances of success.
So, what’s next? The healthiest thing you can do for your case is to sit down today with a knowledgeable and seasoned family law attorney. We can discuss the details of your case, the strength of your custody dispute, and any other questions you may have. Coming equipped with proper documentation, financial plans, and evidence of a spouse’s problematic behavior will go a long way in helping you and your lawyer argue your custody case together.
For more information on Common Mistakes In A Custody Dispute, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (914) 362-3080 today.
Attorney David Bliven is a compassionate, accomplished lawyer based in New York, who has helped parents just like you successfully traverse the intricacies of custody law. With over 25 years of experience in New York family law, David Bliven is ready to help you present your case and protect your family, letting you move through this difficult time with greater peace and certainty.
Still have questions? Are you ready to get the help and answers you’re looking for? Call the Law Offices of David Bliven today to schedule an initial consultation.
