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We have all heard the oft-cited statistic that tells us that 50 percent of all marriages in America end in divorce. Although most experts agree with this proportion, there are factors that dramatically affect it in either direction. For example, the divorce rate for a first marriage is just 41 percent, but for a third marriage it is a less propitious 73 percent. We also know that divorce rates decline precipitously based on the age of the couple when married. Those that get hitched during their teenage years are five times more likely to split up than those that say “I do” in their mid thirties. In most cases, a divorce or dissolution of marriage is a fairly simple legal procedure, unless children are involved. Because they are reluctant to break up the family unit, couples with kids have a lower divorce rate, about 33 percent compared with 66 percent for childless divorced couples. The legal process of divorce is also far more complicated, expensive, and emotionally traumatic when children are involved, since most parents file for custody. When one or both parties petition for custody, a hearing is held to determine the arrangement that serves the best interests of the minor child or children. Because these custody hearing are often highly emotional affairs, it is always best to hire a qualified child custody attorney to represent you in court. What to look for Most people would move heaven and earth for their kids, but child custody attorneys can’t be paid with passion. Most demand expensive retainers upfront before they even start working on your case. They do this because they know that child custody cases often take a long time to resolve. A good child custody attorney is also aware of the fact that the free representation available through family court is an unpalatable option for most parents. Because they desperately want custody of their kids, parents are often willing to pay through the nose to retain an experienced child custody attorney. Reputation Just like a prizefighter, a child custody attorney is only as good as his/her record or reputation. Clients hire them based in large part on their winning percentage, i.e., how often they emerge victorious in child custody cases. It is also important to consider the number of cases the lawyers has successfully litigated in court. If he/she is only a part-time family lawyer, winning percentage might not mean that much. Therefore, make sure you only contact lawyers who specialize in Family Law and not on other areas of practice. Specialization Another reason why it is important to hire a professional child custody lawyer is that they often have access to experts in the field, including accountants, child psychologists, and private investigators. When interviewing prospective legal representatives, always ask them if they have any experts that they customarily use? It may also be a good idea to select a lawyer who commonly represents either men or women, since gender sometimes plays a part in the judge’s decision. Free Evaluation Because these cases can be extremely complicated, never hire a custody or child support lawyer without receiving an initial consultation or evaluation. These sessions should be offered free of charge, since they are used to determine a rough estimate of what representation will ultimately cost.
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