- Not knowing the first thing about hiring an attorney for an unexpected personal situation, a friend referred me to William Conners. From the very beginning, I felt very confident he would make sure that all negotiations and decisions made would benefit me and my daughter. Will has been very professional and caring and I cannot thank him enough.
-A. S. - William Conners represented me in my divorce which was complicated by the fact that my ex-wife and I owned several successful businesses together. I have used many attorneys in the past. Will's performance was exemplary and many, many steps ahead in legal skill, strategy, preparation and sophistication. My goals were more than met (and then some) and I ended up with the businesses! I can wholeheartedly recommend him.
-D.R. - I was mired in a contentious divorce that had spiraled out of control through nightmarish claims that were chilling in their seriousness. While struggling to deal with the emotional turmoil of a marriage that was over, I was facing bleak options that realistically included losing my job, my children, and even my freedom. Through Mr. Conners' skilled counsel I came through the nightmare with my family and my future intact - defeating the false charges, successfully resolving the marital dispute, and keeping custody of my children. I have no doubt that without his expert handling of my case things would have turned out very differently indeed, and for that I am forever grateful. Thank you for giving me back my future!
-D.G. - A few of the initial things that impressed me about Will and his staff were their accessibility, promptness in responding to my requests and thorough explanation of the answers to my questions. I appreciated Will's approach to giving me options and recommendations, and then he let me have a say in the decisions regarding the direction of my divorce case. Throughout the process, Will's priorities remained focused on preparing my case to win in court if a fair settlement could not be reached and minimizing financial consequences without expensive legal posturing. He was my expert legal counsel and a part-time coach that knew how to motivate me and help me get through it. Will and his staff genuinely cared about the emotional and financial toll that the divorce was exacting on me. Without hesitation, I recommend William Conners for his expertise in Family Law matters and his compassion for the person he represents.
-C.K. - My divorce featured all the most difficult aspects including a vindictive spouse willing to do and say anything to destroy me and exclude my role in our children's lives. No matter how difficult the situation though, Will Conners provided devoted and professional representation. He took the time and interest to understand my dynamic and craft a strategy that unveiled my spouses' false vendetta, preserved the relationship between me and my children and protected my financial interests. I count myself fortunate to have had Will as my attorney and wholeheartedly recommend him.
-P.A. - I came to see William R.F. Conners for a divorce and to work out custody issues for my 5 year old son. I was very impressed with my first and subsequent visits to see Mr. Conners. I always felt that kindness was a given, my case was given the attention and professionalism it deserved, with particular emphasis on the welfare of my son and the staff was always courteous and helpful. Mr. Conners worked very hard on my case and always returned my calls in a timely manner. I highly recommend William R.F. Conners to anyone who needs a lawyer who makes you feel like your case is the most important one that he has.
- C.O. - As a commercial airplane pilot, a clean driving record is essential to my career. When I was charged by a Virginia state trooper with misdemeanor Reckless Driving by speed on radar (90 mph in a 55 mph zone), I was facing potential jail time, huge fines and a suspension of my privilege to drive. If convicted, I would have had to report the conviction to the FAA and faced potential suspension of my pilot's license. The stakes were high and I turned to Attorney William Conners for help. Attorney Conners used his knowledge of traffic law and regulations to fight for me at trial and we won with the charge being totally DISMISSED without my even having to testify! If you need legal representation for a serious traffic charge, call Attorney Conners and experience what it really means to have someone on your side.
- L.A. - I am extremely pleased that I chose William R. F. Conners as my attorney for my criminal case. After interviewing several Loudon County attorneys, I found Mr. Conner's fee to be by far the best, his personality to be friendly, and his accessibility to be superior. Most of all, Mr. Conners went above and beyond what I expected by putting in numerous unexpected hours and doing an astounding job arguing against the prosecutor. As a result of his hard work and courtroom savvy, my charge was reduced beyond what was expected. I highly recommend William Conners for any of your legal needs.
-C. P. - After I was involved in a terrible car accident, I had no idea what to do. How do I handle the insurance questions, medical bills, lost time from work? Knowing I couldn't, and shouldn't, take this task on myself, I found Mr. Conners law firm thru an internet search. Shortly after completing the on line questionnaire from his website, I received a phone call from Mr. Conners. He was very polite, offered to meet and discuss my case. At the first meeting he made me feel comfortable. Will was always very prompt to answer any questions I had, both email and when I called the office; we even talked on the weekends. I had total faith that he had my best interest in making decisions and recommendations needed to resolve my case. I would recommend his services to any of my friends and family.
-T.M. - As recent immigrants to the U.S. we have been completely unprepared for dealing with the consequences of obvious negligence my wife encountered during one fateful visit to her new OB/GYN doctor. It was only due to the timely interference of more competent physicians and sheer luck we have been able to avoid permanent damage to her health. On our friends' recommendation we asked the "Law Office of William R. F. Conners, P.C" to take up our personal injury suit, and through all the stages the firm provided us with the top-rate legal advice. In the end it was solely thanks to their persistence and professionalism that we have been able to arrive to a mutually acceptable settlement of our case. Our special kudos go to Mr. William Conners for his sharp legal acumen and personal dedication.
-A.C. & I.C. - The injuries I suffered in a car crash were severe and permanent. The extent to which Will prepared my case was extraordinary. Will Conners is the lawyer to call if you have been involved in a motor vehicle collision and suffered personal injury.
-W.E.
Notice: The client quotations above are not to be construed to guarantee or predict a similar result in any future case undertaken by any attorney of the Law Office of William R.F. Conners, P.C. Each case result depends upon a variety of factors unique to each case and client.
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More than 1 million children experience divorce each year in the United States.
Frequently Asked Questions about Child Custody and Visitation
Q: What is the difference between legal and physical custody?
A: Physical custody refers to where the child lives and who has responsibilities associated with daily childcare. Legal custody is the decision-making responsibilities associated with the education, healthcare and religious upbringing of a child.
Q: When parents fight over custody, how does the court decide?
A: The typical standard is the best interests of the child. Each state has specific guidelines, but the court usually takes into consideration what each parent wants, what the child wants (if the child is old enough and/or mature enough), which parent has been the primary caretaker, the parenting abilities of each parent and whether there is a history of abuse.
In a family law dispute, it is crucial that your rights are protected. If you are facing a divorce or a child custody dispute, an experienced family law attorney at the Law Office of William R. F. Conners, P.C. will work hard to ensure that your rights and legal interests are protected. We understand the difficulties that many families face in child custody and visitation legal matters. Attorney William R. F. Conners will support you throughout your legal dispute. With its loyal advocacy, compassion and innovation, the Law Office of William R. F. Conners, P.C., is the only legal assistance you will need.
Please contact the Law Office of William R. F. Conners, P.C. for assistance with child custody and visitation disputes. We would be happy to assist you.
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Child Custody and Visitation - An Overview
The resolution of child custody and visitation disputes requires divorcing parents to act rationally in their child's best interests at a time when they are facing the overwhelming stress of divorce. Joint custody and sole custody, legal custody and physical custody, custody evaluations and modifications are terms with which a divorcing parent will become familiar. Knowledgeable advice and skilled representation from an experienced family law attorney can assist you in your pursuit of a fair custody arrangement.
Basic Custody Terms
Custody is split into two parts, physical and legal. The court determines or approves physical and legal custody arrangements for each child.
- Physical custody: The actual living arrangements of the child and the rights and responsibilities associated with daily childcare.
- Legal custody: The right to make decisions about the child's education, healthcare and religion.
Common Custody Solutions
Physical and legal custody can be apportioned in numerous ways.
- Sole custody: When sole physical custody is awarded or agreed upon, one parent has the right to have the child live primarily with him or her. That parent is then known as the custodial parent and the other parent becomes the non-custodial parent. Sole physical and legal custody generally only occurs when there is a history of abuse and neglect, but this varies from state to state. In such instances, the non-custodial parent may be limited to restricted or supervised visitation. Many parents have arrangements consisting of sole physical custody, joint legal custody and a generous visitation schedule for the non-custodial parent.
- Joint custody: In joint custody, parents share responsibility for major decision-making and/or physical control and custody of the children. Parents with joint physical custody usually share legal custody, but joint legal custody does not necessarily imply joint physical custody. Parents need to be able to work together in the rearing of their children when they have joint legal custody.
- Split custody: This is a less popular option, in which each parent takes custody of a different child.
- "Bird's Nest Custody" or "Bird Nesting": This arrangement allows children to remain in the pre-divorce family home while parents take turns moving in and out.
Custody Determination During the Divorce Process
Questions of custody usually first arise when a divorcing couple with children decides to separate. While some couples immediately reach an agreement on short- or long-term custody, others require court intervention for the intermediate or final decision. Custody may be addressed throughout the divorce process in the following ways:
- Temporary hearing: Shortly after the initial papers are filed seeking dissolution of a marriage, the family court will hold a temporary hearing and issue an order that controls legal aspects of the parties' relationship until it grants the final divorce decree. When custody is contested, the order creates a temporary custody solution. Unless there is evidence that doing so would not be in the best interests of the child, temporary custody is typically granted to the parent who stays in the marital home. Temporary custody orders should have no bearing on which parent will ultimately be awarded permanent custody. Depending on the circumstances, however, the temporary custody order may indicate which parent the court thinks is the more suitable.
- Mandatory mediation: Many states now require that parties in a contested divorce attempt mediation. Mediation is an alternative dispute resolution (ADR) process in which divorcing couples work with a specially trained neutral third party in an attempt to resolve their disagreements. Parents may resolve child custody while keeping other issues like property division open for a judge to decide. Parents who determine custody arrangements through mediation can include a provision in their final divorce agreement making it mandatory to return first to the mediation process to resolve future custody and visitation disputes.
- Custody evaluation: If the parties are unable to reach an agreement regarding custody, most courts will order a custody evaluation prior to trial. A court-appointed mental health professional such as a psychologist or a social worker usually conducts the custody evaluation. The evaluation includes interviews with both parents and the children, observation of the children, conversations with teachers, and possible psychological testing of both parents and children. It can take four to twelve weeks to conclude a custody evaluation and when a custody evaluation has been ordered, the court usually will not enter a final custody determination until the evaluation has been completed.
- Trial: Every state has statutes and procedures for the legal resolution of disputed child custody. While specific standards differ from state to state, most courts decide contested custody cases based upon a determination of what arrangement is in the best interests of the child. Considerations that go into a best interest determination may include review of the child's age and attachment to the parent who has been the primary caretaker, parental physical and mental health, any history of domestic violence, and the child's wishes depending upon the age of the child and the motivation for the preference.
Modifications
Once custody has been established through agreement or court order, parents may seek court involvement to modify the established arrangement. To support a modification request, the parent seeking the modification must show a substantial change in circumstances. If the modification request is within two years of the original custody determination, some states will only consider the request if the child is endangered by the custody arrangement. Additionally, states that follow the Uniform Child Custody Jurisdiction Act will only consider requests for modification if they occur in the state in which a child has an established residence, in order to prevent forum shopping and custody-motivated child removals.
Speak to a Child Custody Lawyer
The resolution of child custody and visitation disputes requires divorcing parents to act rationally in their child's best interests at a time when they are facing the overwhelming stress of divorce. Early involvement by a family law attorney with knowledge and experience in child custody law can help.
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