Most people assume that once your divorce is final, you don’t have to worry about Greenville, South Carolina family law attorneys. However, until your children are grown and out of college, there’s always the chance that you could end up back in court. One of the more common motions we file on behalf of our clients is a child custody motion. This is essentially when you ask the court to change your current child custody arrangement.
The reason it can be difficult to win this kind of motion is that most couples outline their custody arrangement as part of their final divorce settlement. The judge can easily reject your motion and tell you that you had a chance to have your say when your property settlement agreement was drafted. You’ll have to show that circumstances have changed to the point where the existing child custody agreement is no longer working.
Our Greenville, South Carolina child custody lawyers deal with this issue all the time. Thankfully, our associates have handled dozens of cases like this in the past. They know what it takes to convince a family law judge that your existing child custody agreement is no longer sufficient.
Here, we’ll discuss why it’s important that you find a reputable and seasoned Greenville, South Carolina family law attorney to handle your case. We’ll also explain the best way to find the ideal attorney in Greenville, South Carolina.
Don’t Let an Attorney Who Doesn’t Specialize in Family Law Handle Your Custody Motion
We always worry when we learn that one of our clients is thinking about hiring an inexperienced attorney to handle their child custody matter. If you had a problem with your pipes, would you hire a carpet installer? No. Just because somebody is an attorney, that doesn’t mean they’re familiar with family law.
This is why you need to search for an experienced Greenville, South Carolina child custody lawyer. Our attorneys have spent years handling family law cases in South Carolina. They’re familiar with the court rules and they’re familiar with the judges. They understand what it takes to convince a judge to approve a change in custody.
With so much at stake, you really should hire an experienced family law attorney. You may never get another chance to go before a judge. If you make even the simplest of mistakes, your motion could be denied. And, when a motion is denied, it makes it much harder in the future to ever ask for a custody modification.
You Have the Burden of Proof in Your Child Custody Modification Motion
One of the tricky things about filing a child custody motion is that you’re asking the court to change an agreement you personally made. In order for your existing child custody arrangement to carry any weight, both your and your children’s other parent must have signed it. A court officer or judge reviewed it and approved it. Now you’re asking that the court throw out the old agreement and approve a new one.
The children’s other parent will have a chance to fight your motion. They’ll have the benefit of the doubt going into court because they aren’t asking the court to make a major change to an existing court order. Your chances of overcoming this presumption will be much greater if you have a seasoned Greenville, South Carolina child custody lawyer.
There’s a good chance your ex-spouse or partner will hire their own attorney to represent them in court. It can be extremely intimidating to go before a judge. Not only are you standing there in front of the judge and their court clerk, but the room may be filled with other people filing motions similar to yours. The last thing you want to do is flounder when it’s your time to speak. Not only will this make it easier for the judge to decide in your ex-spouse’s favor, but it will destroy any credibility you may have had with the judge.
Your Greenville, South Carolina Child Custody Lawyer Will Present Your Case
When you hire your Greenville, South Carolina family law attorney, they’ll prepare the motion on your behalf. They’ll type up a certification describing the reason for the change in custody. They’ll also draft a prepared order for the judge to sign. By doing this, they take a lot of the burden off the judge’s shoulder. All the judge or their clerk will have to do is read your certification, compare it to the certification submitted by your ex, and make their decision.
With custody motions, your attorney will usually get a copy of the judge’s tentative ruling the day before your motion hearing. This will tell your Greenville, South Carolina child custody lawyer what way the judge is leaning. Based on this report, your lawyer may need to do further research. Or they may want to reach out to your ex-spouse’s attorney and try to work out an agreement that is fair to both parties.
Contact an Experienced Greenville, South Carolina Family Law Attorney Today
If you aren’t happy with your current custody arrangement, you can look to have it changed. You’ll need to file a change of custody motion with the local family court. Of course, you can handle this yourself if you want. There’s no rule that says you must hire a Greenville, South Carolina family law attorney to represent you. However, your chances of winning on your motion are much higher if you have a legal professional by your side.
Knowing how important this motion is, and understanding what is at stake, you should at least give us a call. It’s definitely worth the time and money to meet with an experienced Greenville, South Carolina child custody lawyer. They can review your existing custody arrangement and see if it’s one-sided. They can also look for case law that support your position.
All you have to do is call our office and schedule a consultation with one of our seasoned associates.
