Questions from the Public

From time to time, I receive anonymous questions regarding family law matters through a website I belong to called LawQA.com.  As many of these questions may be of general interest, I thought I would post the questions, along with my response, for your viewing pleasure.  Below are some questions posted by real prospective clients.  My response follow their question.

Question: How much of custody can I get if I hired a lawyer?
Question Detail: I have a 5-year-old son. Been divorce for 5 years. I have 50% physical and 40% decision. His mom left him at 6 month old on the sidewalk of my aunt's house in the car seat and left for a month with out calling. At the time I got 80% but then I got a female lawyer and she made me feel bad and I give his mom 50% custody (worst mistake ever). Now she wants me to pay child support. I have my son Thursday through Sunday, and even some Tuesdays, which is her time. Most of the time he is with me even on her days because she has other things to do. But now I'm getting married and his mother wants to put me in child support. She won't buy him any clothes, shoes or even make him food, his 14-year-old brother is the one who cooks for him not her. He started in school so I got him a tutor that I pay for and he goes on my time but when she keeps him she won't take him and now he may do kindergarten again. She doesn't help him with his homework or have a set schedule for him. I gave her my house when we divorced but he doesn't even have his room set for his age, it is still the same way as I left it 5 years ago. I have my own house and he as his own room with me. I help him with reading and school and he is under a set schedule at my home, but i feel she is being careless with my son. Can i get sole custody if I hired a lawyer or at least get the 80% I had last year?

Response: No attorney can guarantee you any percentage of time or decision making authority, however an experienced family law attorney can assist you with obtaining the best order for your child.

Question: As a father, can I keep my son until I file for split custody?
Question Detail: I have my son for the first time in five months. There is no custody court order for my son. The mother just allowed me visitation for the first time in five months.

Response: You should seek orders from the court on an emergency basis, rather than just keeping your son until orders are sought on a regular motion.  While each parent is entitled to the child in the absence of custodial orders, keeping your child from the other parent is as bad as what happened to you.