Why Engaging a Family Law Attorney is Essential
Numerous problems have the potential to affect families, and many of these issues fall under Pennsylvania family law that includes divorce, child custody, adoption, alimony payments, and domestic violence, just to name a few. While most of these matters can be dealt with through negotiation and mutual agreement, all too often they result in legal disputes that need a qualified and experienced family law attorney to achieve a successful resolution.
Parental rights are extremely important when it comes to children, and if they are not protected, a parent could become estranged from his or her children. If you are facing a dispute with a spouse or ex-spouse over child custody, it is imperative to work with an attorney to protect your interests, and the interests of your children. Child custody laws dictate who has the right to possess custody of the children, what kind of contact the child will have with the parent, place limits on visitation if necessary, and establish other parenting issues that impact your children.
Child support also needs to be handled and paid properly because it can have a significant effect on the welfare of minor children and determine their standard of living. It is important under child support laws that the amount paid does not exceed the minimum or fall below the amount established by law, which is why an attorney is important in these cases to make sure that everything is done according to the law .
Adoption is another area of family law that an attorney can help you with. There are many types of adoptions in Pennsylvania that include private, agency, stepparent, embryo, international, foster care, and termination of parental rights, which will all need the services of a family law attorney to be completed successfully. Adoption laws are complex, and a skilled family law attorney understands the procedures involved and the steps that must be followed to complete the adoption process.
Divorce is probably one of the most important family law issues that a family law attorney can help you with. Pennsylvania has several types of divorce including absolute divorce, mutual consent divorce, no fault divorce, and fault divorce, so a divorce can never be considered as being straightforward or simple. The representation of an attorney is vital to achieve the best results from a divorce, so an experienced practitioner should be used to help with the process and make it as painless as possible.
Every one of these family law matters is critical to a person’s future and the interest of their children, so having a skilled and experienced attorney is vital to achieving the results that you seek.
What to Seek in a Family Law Lawyer
While seeking the best representation in any matter is of great importance, this is especially true when dealing with emotionally fraught family law matters. Thus, finding the best family law attorney in York, PA can be a daunting task if you do not know what to look for.
Experience is a paramount consideration when choosing a family law expert. You should always check with the Pennsylvania Bar Association, and could ask your lawyer to verify him/her as a member in good standing. If your lawyer is not a member of the bar, then they cannot give legal advice. Moreover, deciding on the right attorney is also about competence, and a crucial factor in that is experience. In general, you will want an attorney who has been a practicing member of the bar for at least five years, and specializes in the area that you are enlisting their services for. If you need help with a divorce or child custody matter, then you should find a lawyer who has experience with similar kinds of cases.
Another important factor to consider is what kind of expertise the attorney has. You likely want an expert in their field if you are seeking the best attorney in York, PA, but the question is how can you tell if they really are an expert? Well, both lawyers and clients alike have different indicators for what makes for a good family law attorney. Lawyers generally feel that a good family law attorney has a good reputation amongst their colleagues, and a proven track record of success. On the other hand, clients generally agree that good communication skills and being approachable are also very important. Ultimately, you want to hire an attorney who you feel has both the expertise and the communication skills required to help you.
Another aspect that is key to qualifying as a good family law attorney is that of empathy. It is vital that you feel comfortable talking to your lawyer about everything that is going on with your family. In this regard, make sure the lawyer understands your situation clearly, and discusses with you how it may be handled.
Furthermore, you will want to take into consideration how much attention your potential attorney will be able to devote to your family law case. If you have three appointments scheduled on the same day, does he/she make one client wait so another can see them? Does the lawyer seem to care about the details of your case? Do they often keep you waiting for long periods of time to discuss your case? Do they bring their phone into the room and do other things while you are trying to explain the details of your case? You will want to be able to have confidence that your lawyer has heard everything you have to say, and that they appreciate the uniqueness of your case. Anything less may be a red flag.
Finally, you will want to look into the price. Ask about billing practices upfront with the attorney if you are worried about price, and do not be afraid to see when they will start charging you as a client. It is important to ensure you know before you start, and it is wise to ask about payment plans, if they exist, like a hourly plan or a flat fee for a particular task.
Value of Utilizing a Local York, PA Attorney
When facing a family law matter, the added benefit of hiring an attorney with extensive knowledge of the local court system in York, PA, can make all the difference. The nuances of individual judges, their preferences, and any potential idiosyncrasies are all part of the working relationship that an attorney develops with the court. These insider expertise could be to your advantage, as they will lead to greater familiarity with the particular judge assigned to hearing your case and their predilections. It also provides a foundation for developing substantive knowledge of the relevant law within the jurisdiction and how it should be applied to achieve the best possible result for a client. This type of local knowledge can be beneficial in obtaining positive case results in matters such as divorce, equitable distribution, child support, alimony, spousal support, custody, and protection from abuse.
Common Family Law Matters in York, PA
Some of the most common types of cases local attorneys handle in family law are divorce proceedings, child custody disputes and spousal support.
Divorce
To file for divorce in Pennsylvania, a person must be a resident of the state. The divorce can be filed in the court of common pleas in the county where the filer resides. The final decree of divorce is entered after a period of time has lapsed, and one party fails to respond to or fraudulently participates in the divorce proceeding. This is known as "divorce by default" or "divorce by publication." The time period varies; however, the court will not grant a divorce if a person is running from payment obligations such as alimony or child support.
Child Custody
A divorce may involve the appointment of a guardian ad litem (GAL) – an attorney appointed by the court to represent a minor child’s interest in a custody case. The Petition would state that the parents are separated or divorced , the child lives with one parent, and briefly state the reason for the petition. A custody order is only granted after the non-custodial parent has had an opportunity to respond to the filing, typically after a 10-day waiting period.
Spousal Support
An individual requesting spousal support (also known as spousal maintenance) should file a claim for spousal support at Domestic Relations when there is no pending action for divorce. If the parties are already in a divorce action, a claim for alimony pendente lite (APL) is filed. There may also be a claim for alimony. Spousal support, alimony pendente lite and alimony are all forms of spousal support, and collectively called spousal support.
Inquiries for a Family Law Attorney
Questions to Ask a Family Law Attorney in York, PA
The most important question is why the longevity of the firm. A law firm that has been in business for decades will have a much better understanding of the York County legal atmosphere and trends than a new one. An attorney firm should have expertise in family law in particular, and an attorney who specializes in your situation specifically will have invaluable experience to bring to your case.
Find out what the fee structure is, whether by hour or retainer. For example, is there a minimum retainer? The retainer is the total amount of money you will be billed as a deposit before the case begins. An hourly fee is a set fee paid to the attorney for every hour of work that is billable to the client, generally starting from the first contact the attorney has with the client.
Additionally, how many cases are on their caseload? Are the attorneys able to dedicate the necessary time to your case with their current number of caseloads? As much as possible, try to choose an attorney that is affordable, without skimping on quality. Your case will only go as far as the investment you put into it regarding your attorney fees, so consider the long term financial impact of your hourly fees versus the quality of services that those fees buy you.
What is their family law claim to win ratio? If you have been at odds with your spouse over custody, child support, and other parental matters for some time before a divorce is initiated, you should consider finding an attorney that has a good win to loss ratio and can help you prove that point during your divorce. This point may not be as important when looking at a prenuptial agreement, but is vital to consider with matters involving children.
How to Begin the Process with a Family Law Attorney
Getting Started with a Family Law Attorney in York, PA
Once an individual has made the decision to move forward with hiring a family law attorney, it is essential to prepare for the first meeting. A detailed list of questions is critical to the whole process. Not only should the list address customer service and the attorney’s experience in their area of need, but it should also include questions about the fee structure and how the attorney plans to handle their business. It is important to have copies of the documents immediately available to share with the attorney, such as tax returns, bank statements, and evidence of any abuse in the home . Knowing what one is able to spend on legal fees is vital, and knowing what payment plans are available is extremely helpful. Take into consideration when making the first appointment: personal obligations, geographical limitations, and whether the situation is in need of immediate attention. The first meeting is not going to solve all issues, but it will alleviate many. Keeping open lines of communication is extremely helpful as an individual moves through this often difficult part of their life.
