If I need legal advice, do I talk to a criminal defense lawyer or a custody lawyer?
Getting the right kind of lawyer is important for getting good advice.
- If you have been charged with parental kidnapping, or if the other parent threatened you with it, the best lawyer to talk to is a criminal defense attorney in the state you left.
- If you have questions about custody or divorce, talk to a family law attorney. You may need to talk to family lawyers in both states - the one where you used to live with your child, and the one where you live now.
- Sometimes, you might need both a criminal defense lawyer and a family lawyer.
Some lawyers may handle both areas of law, especially in small towns where there might be few lawyers.
No matter who you talk to, it’s important to choose a lawyer who has experience with cases like yours and knows the laws and courts in your area.
If your case involves domestic violence, it’s especially helpful to work with a lawyer who has handled similar cases. We have a list of questions to ask lawyers to help you find someone with the right experience. Keep in mind that this kind of interview and evaluation of a lawyer is more relevant when you’re hiring a private lawyer. If you get a lawyer from a free legal services organization, the lawyer would likely be assigned to you, and you may not get to choose between attorneys. However, legal services attorneys often have a lot of experience with domestic violence cases; if you qualify for assistance, not being able to choose isn’t necessarily a bad thing.
You can find legal referrals on our Finding a Lawyer page. You can also try contacting the Legal Resource Center on Violence Against Women, which can sometimes help find lawyers and provide information for custody cases involving domestic abuse across state lines.




