Importance of a Family Lawyer In Your Child Custody Case
Posted on: 17 December 2020
One of the issues that a family lawyer deals with is child custody. According to the Family Law Act 1975, parental responsibility is held equally by both parents of children born in a relationship. However, you may seek sole custody or a sole parenting order from the court to prevent access by the other parent. Here are some of the ways a family lawyer can help you.
Legal Advice
When seeking a sole custody order, there are certain requirements you must satisfy. Your lawyer will advise you whether your grounds for a sole parenting order are sufficient. The court will grant a sole parenting order if it believes that equal shared responsibility isn't appropriate for the children.
When applying for sole custody, you must prove that equal shared parenting isn't in the best interest of the child. You must prove that your child's safety is at risk when under the care of the other parent. Your family lawyer will review your reasons and advise you whether or not you should go to court. In some cases, your personal concerns can be settled between you and the other parent with the mediation of your individual lawyers.
Gathering Evidence
To have the court grant a sole custody order, you should present a full report on matters that support your claim against the other parent. Your lawyer will play a crucial role in helping you gather evidence. According to family law, the strength of your case is dependent on your supporting evidence.
The evidence may be in the form of police reports, witness statements, and evidence of a total breakdown in communication. Another important factor that can help you get sole custody is proof of the mental incapacity of the other parent. For instance, if the other parent has a history of domestic violence, you need to present evidence that supports these claims. In this case, you can present a medical report showing injuries sustained from the violent acts of the parent.
Terms of the Sole Custody Arrangement
A sole custody order has certain provisions based on the court's discretion. These provisions include sole responsibility for all areas of the child's life without the consent of the former spouse, as well as directions for the level of contact with the former spouse. Your family lawyer will play an integral part in influencing these provisions.
For example, you may want the court to prevent any contact between your child and the other parent. This is mainly true if the parent has a history of defilement or some other similar action that endangers the safety of your child.
Your lawyer can argue for the other parent to have supervised visitation. Furthermore, your lawyer will take action against the other parent if they violate the terms of visitation or the custody arrangement.
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