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What to Look for When Choosing Legal Support During a Family Change

by Delia Elbaum

Going through a family change is one of the hardest things you'll ever do.

Whether you are divorcing, separating or just working out parenting time after a breakup, the legal process can be daunting. And here's the rub... The attorney you select will drive the process.

With a good one, you can:

  • Protect your parenting time
  • Reduce conflict with your ex
  • Avoid costly mistakes

With the wrong one? You could be stuck in court for years.

Here's how to pick the right legal support...

Here's what's inside:

  • Why Your Choice Of Lawyer Matters
  • What To Look For In Legal Support
  • Questions To Ask Before You Hire
  • Red Flags You Should Avoid

Why Your Choice Of Lawyer Matters

Family law is a huge segment of the US court system. In fact, close to 3.8 million family law cases go through state courts annually.

That's a lot of families going through it.

And if you are one of them, you know this is not just paperwork. This is your kids. This is your home. This is your future. The right lawyer can mean the difference between a clean result and years of anxiety.

In parenting time conflicts it is important that you have someone who not only knows the law, but who is able to balance the legal and emotional issues. This is not the forte of every lawyer. Locating a compassionate family law practitioner that is sensitive to the issues you face is one half of the battle. The other is having someone who knows how to advocate for you when it comes to parenting time and who can do so without making every conversation combative.

Note: Research indicates that parents who attempt mediation are more satisfied and compliant with agreements than those who litigate in an adversarial manner. Thus, an attorney who advocates peaceful resolutions (when possible) can actually be an effective agent of change for your case.

The type of attorney you choose will impact how your ex responds as well. Choose an aggressive attorney and expect your ex to do the same. However, if you choose a solutions-oriented attorney... You might just sidestep litigation completely.

What To Look For In Legal Support

Family Lawyers are Not Created Equal. Here are the factors that really do matter when you're making your decision.

Experience With Parenting Time Cases

Parenting time is its own beast.

You want an attorney who has done cases like yours, not one that "dabbles" in family law in between other cases. The best legal advice regarding parenting time is from someone who has:

  • How local judges rule on custody
  • What parenting plans actually work long-term
  • How to handle high-conflict exes
  • What to do when plans need changing later

Ask them directly how many parenting time cases they have been involved with over the last year. If they respond, "a few," then continue your search.

Communication Style

This is huge and most people miss it.

You are going to be dealing with your lawyer for months (often years). If they don't reply to emails, or explain things clearly... You are going to hate the entire process.

Look for someone who:

  • Returns calls and emails within 24 hours
  • Explains legal terms in plain English
  • Gives you honest timelines
  • Doesn't talk down to you

At your initial meeting, notice how they listen. Do they hear you? Or are they selling their services to you before you get the sentence out?

Questions To Ask Before You Hire

Most people skip this step and regret it later.

Talk to them before you do anything! It makes sense to care, but there's nothing wrong with speaking with a professional before taking the leap - the guidance is worth it. The best thing about family lawyers is that the initial consultation is usually free. Ask them these questions:

  • How many parenting time cases do you handle each year?
  • What percentage of your cases settle without going to trial?
  • How do you feel about mediation?
  • What's your strategy for my situation?
  • Who will actually work on my case?
  • What's your hourly rate and what does it include?

Watch how they respond. If they answer vaguely or attempt to hurry you along... Be wary.

Bonus tip: Ask about a case similar to yours and what the outcome was. A good lawyer will share (without breaking confidentiality) what worked and what didn't.

Red Flags You Should Avoid

Some warning signs are obvious. Others... Not so much.

Promises Of Guaranteed Outcomes

Run. Don't walk. Away.

If any lawyer tells you that you are "definitely going to win" or "definitely going to get full custody", that lawyer is LYING. No one can make a guarantee about family court. Judges take into account:

  • The child's best interests
  • Each parent's history
  • Living situations
  • The child's own wishes (if they're old enough)

A good lawyer will give you an honest read on your case. Not a fantasy.

Pressure To Fight Everything

Here's something most people don't realise...

Approximately 72% of family law matters have at least one party who is self-represented. In the majority of cases, families want to keep costs down and resolve matters as quickly as possible.

When your attorney pressures you to litigate everything, it could be a bill-padding scheme. Good parenting time schedules are crafted through negotiation. Not perpetual litigation that empties your bank account and traumatizes your children.

Poor Communication From Day One

If you can't get them on the phone before you hire them... Good luck getting them on the phone after.

Communication problems are the #1 complaint clients have with family lawyers. If you see red flags in the first couple of meetings, walk away:

  • Takes days to return calls
  • Emails feel rushed or dismissive
  • Staff doesn't know your name
  • Hard to schedule meetings

Your case is too important to have an agent that does not respond.

Final Thoughts

Choosing the right legal support during a family transition is one of the most crucial decisions you will make.

Don't rush. Consult with a couple of attorneys before making a choice. The least expensive lawyer isn't necessarily the best and the most expensive one isn't either. You are looking for someone who:

  • Has real experience with parenting time
  • Communicates clearly
  • Is honest about costs
  • Treats you like a person (not a case number)

Family transitions are hard enough. The right attorney won't make them easy, but they will make them manageable. They will preserve your parenting time, maintain the peace, and move you forward.

Don't rush this choice. Your kids are counting on you to get it right.

 

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