If you care about your parental rights, nothing will ever scare you more than a parental rights case.
Seriously.
There’s so much on the line during every phase of these legal battles. Custody disputes. Property division disagreements. Requests to modify existing orders. Each represents an irreversible change to your child’s future. If you’re considering legal action to protect your rights as a parent, it only makes sense to know what you’re getting yourself into.
Here’s the truth most parents never see coming…
The legal process is a nightmare of motions, deadlines, attorneys, negotiations, court orders, parenting schedules — you name it. Partnering with a skilled family law attorney and a property division lawyer from the get-go is your best bet to protect your rights as a parent. Without knowledgeable legal advocates on your side, you risk losing more than you ever imagined.
What you’ll learn
- Why Parental Rights Cases Are More Involved Than You Realize
- How Property Division Lawyers Help
- Every Step of The Legal Process, Explained
- What Judges Consider
- 5 Things That Cost Parents Their Rights
Why Parental Rights Cases Are More Involved Than You Realize
You may think you know what to expect from your parental rights case. You don’t.
24.7 million children in the United States currently live in a household separate from one parent. As a result, over 26% of kids under age 21 experience divorce or some form of parental custody case. Divorce doesn’t always mean going to court. However, you can bet that tens of millions of parents have navigated the process.
You should know the basics. Custody battles don’t just determine who your child lives with or how often they see the other parent. They can establish:
- Decision-making power over education and health
- Division of property and what happens to the family home
- Required child support payments and amounts
- Parenting schedule, holidays, relocation consent, and more
But here’s the kicker.
Agreement between parents isn’t enough to bypass the legal process. Even if you and your ex see eye-to-eye on these issues, you’ll be forced to file legal documents, obtain court permission, and adhere to rigid deadlines. Comply with each of these incorrectly and you could risk throwing your entire case off track.
How Property Division Lawyers Help
Let’s backtrack for a second.
Property division and parental rights are inextricably linked. Any parent who believes otherwise is asking for a world of trouble down the road. Whether you are fighting for sole custody of your children or seeking to modify an existing order, unresolved property division issues have a noticeable impact on your case.
Family lawyers know this. That’s why you should hire a property division lawyer to handle your financial case in tandem with your custody battle. Among other questions, your attorney will help you navigate the following:
- Who gets to keep the family home, and how does that factor into where the children live?
- If both parents financially support the children, how are assets divided equitably?
- What happens to your shared mortgage payment while a custody battle is pending?
Property division lawyers allow you to address these questions head-on, preventing financial liabilities from interfering with your custody rewards. Family law attorneys and property division lawyers routinely work with one another. It’s in your best interest to do the same.
Every Step of The Legal Process, Explained
Think your parental rights case is as simple as filing a petition? Think again.
Here is what happens during a legal parental dispute, step-by-step.
Step 1: Petition Filed.
First, one parent will approach family court to file a petition. This typically outlines a request for sole custody, specific parenting time, property division, or modification to an existing order.
Step 2: Temporary Orders.
Next, temporary orders may be granted by a judge to determine where the children live, temporary child support, and short-term division of property. These rulings do not determine your final custody order but provide legal guidelines until a final judge’s order is issued.
Step 3: Discovery.
Discovery refers to evidence collected by both parties. Records of income, personal communication, school transcripts, and third-party testimonials all fall into this category.
Step 4: Mediation
Did you know that 90% of custody cases never make it to trial? Mediation accounts for a large reason why. Parents will meet with a third-party mediator to establish an agreement without having a judge make concessions on their behalf. It’s quicker, affordable, and far less stressful.
Step 5: Trial
Failed mediation results in a court battle. Both parents will present their evidence and witnesses as to why the judge should rule in their favor.
Step 6: Final Judge’s Order
Finally, your judge will hand down a final ruling that cannot be disputed legally. Also known as a parenting plan, this document lays out custody, parenting time, child support, and any other family related matters that were impacted by your property division agreement.
What Judges Actually Consider
Here’s where many parents get confused.
Family judges don’t take sides. They issue rulings that are in the best interest of the child.
What does that mean? As quickly as your parental rights case is filed, a judge will review the following factors:
- Relationship between child and both parents
- Child’s current school and social circles
- Willingness of each parent to co-parent
- History of domestic abuse, violence, or drug use
- Financial responsibility
How you present yourself during this process can make or break your case. Judges take notes on your willingness to communicate effectively, comply with deadlines, and respect the court. Showing up to hearings clean, prepared, and with your legal team communicates this much louder than words.
On top of that, retaining a property division lawyer highlights your financial responsibility. If you owe half of a mortgage but never made a payment after filing for divorce, the judge will know it. You deserve to be represented by lawyers who protect your rights in every way possible.
5 Things That Cost Parents Their Rights
It’s easier than you think to slip up and cost yourself your parental rights. Here are five of the most common mistakes to watch out for.
- Going to battle WITHOUT a lawyer. You can’t navigate the legal process correctly without hiring an attorney
- Leaving property division up in the air. Financial obligations impact your judge’s ruling every single day
- Bad mouthing the other parent. Judges are watching you
- Missing deadlines. Legal documents don’t forgive mistakes
- Posting on social media. Believe it or not, your Instagram account is considered legal evidence
Sounds avoidable, doesn’t it? But every year, responsible parents make these mistakes and watch their children slip through their fingers.
Summary
Navigating your parental rights case doesn’t have to be stressful. You just need to know what you’re getting yourself into.
Asking the right questions early can mean the difference between a successful case and a liability you’ll regret. Property division lawyers and family attorneys exist for a reason. Take advantage of their skills and remain stress-free knowing you have your child’s best interest protected.
