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Personal Injury Lawsuit And Children Custody

Posted on August 15th, 2018 by Oddo & Babat, P.C.

Family Lawyer

If you are in the process of pursuing custody of your children but have a pending lawsuit against you, you may feel hopeless and desperate. It is always advised that you have an attorney who can help guide you through the legal terminology and parameters of your situation. An experienced attorney will also be able to advise you on how to handle both legal matters.

Personal injury questions:

What are the specifics of the incident that led to the lawsuit?

Whether you were at-fault, partially at-fault or are being wrongly accused, you deserve experienced legal representation. Most situations in life are not black and white, personal injury lawsuits are no different. In many situations, the details are subjective with a multitude of factors. Whether it was a car accident or a slip and fall, it is crucial to be represented in a fair and honest manner. In doing so, you can show the family court judge that you handled the situation to the best of your ability and either you had no control over the accident or you have remorse and understand how you could have done things differently.

How can a personal injury attorney help with my custody case?

A personal injury attorney can make all of the difference in your case and can guide you on how to present this legal situation to your family court judge who is overseeing the custody dispute. While a judge will consider all aspects of each parent’s behavior and ability to provide a safe environment for the children, a good attorney will acknowledge the lawsuit and move forward to highlight your parental strengths.

Common custody dispute questions:

How does a judge determine custody?

The judge will look at many different factors when determining a custody arrangement. The two most important are identifying the primary caregiver and understanding what is in the child’s best interest to thrive and be happy after the divorce. The judge will likely consider what living situation will provide the most consistency for the child and interrupt the child’s life the least. The judge will also consider other variables such as the parent’s income, physical and mental health and involvement in the child’s life.

What is a primary caregiver?

The primary caregiver is the parent who cares and nurtures the child in all basic daily activities such as feeding, bathing, bedtime routine, provides transportation and educational responsibilities such as parent/teacher conferences and homework.

What does it mean when they say the “child’s best interests”?

In family court, the child’s best interests refers to physical, mental and emotional health and well-being of the child. This includes many factors that contribute to the health, safety and overall development of the child.

How does my pending lawsuit affect my chances?

All legal situations are unique and there is no one simple answer to this question. However, it is advised that you consult with your attorney, like a family lawyer , who can guide you through the legal process while supporting you emotionally by representing you to the best of his or her ability.


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