Within family law, your ability to reach an agreement with your former spouse will dictate whether you need child custody lawyers or not. Some parents can peacefully negotiate a parenting plan or child custody arrangement. Meanwhile, others will fight for what they believe is fair and appropriate for their child. There are many points to consider such as prevalence of family violence, and if sole parental responsibility or shared parental responsibility is beneficial for the child’s life.
Examples of complex issues that may have different legal procedures to consider are:
- When your ex is living in or planning to move to another state with their child or children;
- Abuse has occurred in the form of domestic or family violence or;
- They prevent you from having the right to see your children.
If a parent or carer is planning court procedures for child custody, they should think about hiring child custody lawyers. This article will discuss what child custody lawyers can do for you. Mainly, they consider the child’s interests, and children’s wishes for having a meaningful relationship with both parents, and being safe from physical or psychological harm.
What Child Custody Lawyers Can Do
Professional negotiation with the other party
One of the inherent issues in child custody proceedings is that the opposing party is generally a former spouse, family member, or another individual with whom you may have a rocky personal history. A child custody lawyer will be able to offer a level-headed, objective voice to the table, advocating for your case without any emotional baggage.
Manage necessary documents and paperwork
Meeting deadlines and organising documentation is critical if your child custody issue ends up in family court. Skilled child custody lawyers can guarantee that necessary documents receive the utmost care.
Represent Clients In Court
People probably don’t know all of the child custody laws that apply to their situation. However, qualified child custody lawyers will have all the technical knowledge regarding legislation that applies to each case. Furthermore, as previously stated, child custody is an emotional matter, making it difficult to remain composed in court.
This increases your chances of making a mistake or omitting a key fact or legal argument in front of the court or mediator. Child custody lawyers will be able to represent you in court and will know how to best present your case.
Child custody agreement modifications
Parenting agreements – in which both parties agree on custody arrangements that are subsequently made legally binding by the court – are frequently used to resolve child custody matters. However, what happens if this agreement needs changes for any reason?
Child custody lawyers can help you amend this arrangement. This way you don’t have to worry about your custody order violations.
Handle difficult family law matter like international or regional custody
When parents live in distant states or countries, custody battles can become more challenging. In child custody proceedings, issues like parent moving away with the child can occur. A child custody lawyer will be familiar with the legal challenges that arise in multi-jurisdictional custody cases.
What To Consider Before Hiring Child Custody Lawyers?
A child custody case is a type of family law case that considers the best interests of the child when determining a child’s time with each parent.
While child support evaluates the amount of money needed to maintain a child, a custody hearing considers a parent’s child visitation rights, living arrangements, and parenting plans.
You are not alone if you are frustrated that a court can tell you what is best for your child. Many parents believe that they can make a custody agreement by themselves, without the help of child custody lawyers.
If parents can come up with a solution that works for both of them while still being in the best interests of their child, they can offer it to a judge and avoid a courtroom battle. Many parents, however, are unable to reach an agreement on their own and require mediation.
Consider these suggestions if you believe you should have exclusive custody of your child but are unable to reach an agreement with the other parent:
1. Hire a child custody lawyer
Professional legal assistance expedites the procedure and increases your chances of obtaining the desired outcome. The judge’s assessment of the child’s best interests eventually resolves child custody cases.
However, an attorney will work with you to present compelling proof that you are entitled to parental rights. Child custody lawyers can help if your situation involves domestic violence, apprehended violence orders (AVOs), or other court orders. Attorney-to-attorney representation is generally preferable in certain situations.
Certain information, such as your home address, must remain confidential. Even if you have a restraining order against an ex-partner, they can still have visitation. The most important thing is to keep you safe, and a smart lawyer knows how to represent your best interests.
2. Evaluate Facts
With or without counsel, both parents have the right to seek custody of their children. However, several considerations tilt the case in one direction or the other. Having a child custody lawyer is a good decision if:
- The parent has a drug or alcohol addiction. This can be utilised in court. Additionally, the parent must demonstrate that they are working to change their habits. They should also be prepared to defend their conduct if the opposing party casts a negative light regarding their alcohol addiction.
- The parent is planning to remarry, has stepchildren, or has children from a previous relationship. Courts have no problem with blended families. Although, the judge will want to consider how much attention and money a child requires from a parent. Most judges are wary of separating siblings.
- The custody dispute is occurring concurrently with a divorce, separation, or other legal concerns.
- Expert witnesses, such as child psychologists, are required.
- There is an imbalance of power. If a spouse treats their partner like a second-class citizen and refuses to listen to their point of view, one should consider contacting an attorney to preserve rights to child custody.
- The parent is in the middle of a domestic violence incident. If the parent’s safety or the safety of your children is in jeopardy, it’s wise to hire child custody lawyers.
3. Hybrid Legal Advice, Mediation
Consider using alternative dispute resolution strategies such as mediation. Ex-couples will meet with a third-party mediator. They will remain objective and assist you and your ex in seeing all sides of the situation.
Seek Family Law Legal Advice from Family Lawyers
Being a cost-effective and peaceful approach to child custody arrangements, JB Solicitors’ mediation services or family dispute resolution servies can help parents make parenting arrangements amicably. Our family lawyer is here to give you market-leading legal assistance that is suited to your specific legal needs.
Moreover, we have blogs on the Family Law Act to provide you more information if you wish to seek legal advice. We also have fixed fees to help you gain an overview legal costs associated with child custody arrangements right from the start.
Click here to make obtain legal advice from a family lawyer within our team.