Shared custody is an agreement between a divorced couple. Shared custody is different from joint custody. For any legal procedure, the help of a lawyer is always necessary and imperative, for the drafting of the documents of agreement of the parents, if they want to opt for an amicable procedure. But, he can also represent you before a judge in court, in case the case gets complicated. According to the law, parents are encouraged to agree to an amicable agreement in order to protect the child.
Role of the lawyer in a shared custody proceeding
Un lawyer is a person who uses his skills to represent you during a trial. He is an expert in his field. Each lawyer also has specializations just like a doctor. The lawyer can be an expert in family law or in a criminal case, for example.
During the divorce, the parents must consult a lawyer, preferably a lawyer specialized in family law, to determine the type of custody to opt for. It can be either shared custody and both parents have the same rights over the child or children; or sole custody with or without visitation rights, where only one parent can exercise parental rights.
It is the lawyer who draft all documents related to the custody and divorce case. These documents are, for example, composed of the request for joint custody, interventions with the judge as well as agreements and conventions made by the parents. The documents and the agreement negotiated by the parents must always go through a judge to avoid any conflict of interest between the parents on the custody of their children. The lawyer will contact the parents for the progress of the file, as well as for the procedure to follow to obtain joint custody. He will present to each of the parents their rights over the children.
Are the lawyer's fees fixed or negotiable?
It is necessary to hire a lawyer for cases of divorce. It is also essential to use a specialized lawyer in family law cases to ensure the best result at trial in the case of parental separation. The lawyer can to accompany in each procedure.
The lawyer's remuneration is called "fee". His fees are set by law stipulating an agreement between the lawyer and his client. Thus the fee is fixed according to the agreement of the lawyer and his client. However, these fees are set according to certain criteria. The fees of a lawyer are between 100 euros and 250 euros per hour.
The lawyer's fees are determined according to the case he is handling. They are also determined according to these criteria:
- The skills of the lawyer: generalist, specialist;
- The lawyer's experience;
- The notoriety of the lawyer or the law firm (a renowned lawyer);
- The frequency of intervention and the presence at the bar;
- The complexity of the case;
- The customer's budget;
- The probable requests that the lawyer needs from his colleagues;
- The specificity of the file to be processed.
In short, divorce and child custody cases are indeed within the competence of a lawyer, whether he is a generalist or a specialist in family law. The fee is the time the lawyer spends on the case handled. L'lawyer can fix his fees, but the client and the lawyer must establish an agreement for his fees.
The remuneration of the lawyer called honorary is fixed according to the negotiations with his client according to article 10 of the law n ° 1130 released on December 31, 1971.