Child Custody Lawyers: Is A Free Consultation Required?

When any relationship breaks down it can be quite an upsetting experience; however when there are children involved then the distress moves to an entirely different level. Any responsible adult should want what is best for their child, but unfortunately opinion is totally divided on what that actually is.

Child Custody Lawyers

Child custody lawyers are well versed in this type of family law, practicing these sort of legalities on a daily basis. Therefore, it would make perfect sense to seek a consultation and receive the professional advise needed.

Family Law Act and Divorce Act

Child custody lawyers will refer to the established Divorce Act (DA) and the recently introduced Family Law Act (FLA). These two acts adopt a broad definition of the wording of custody and although it can be interpreted to mean the fluctuating day-to-day care of a child, they usually indicate actual physical control of the dependent, as well as giving rights to the determining of all matters relating to the child’s well-being.

Court Considerations 

In any pre-hearing discussion you may have with one of the child custody lawyers, they will outline the considerations that a court will take into account to determine the best solution for the child; these will include:

• The emotional welfare of the child
• The general capability and financial capacity to adequately care for the child
• Continuing educational requirements with minimum disruption
• Who predominately looked after the child prior to the break-up
• Personalities, and any reasons for misgivings
• The likelihood of the child adjusting to a proposed plan
• The actual views of the child, applicable only in an older child
• The willingness of each party to permit access by the other parent

Consequently, it is always essential that everything is disclosed in these prior discussions, to enable an accurate assessment to be made. Also, should something surface during court proceedings, that has not been declared previously, then this could be seriously detrimental to an application for custody.

Types of Custody Orders

There are numerous versions of court orders that can be awarded, and some have set conditions, which have to be adhered to. This could be a specific timetabled schedule, or even supervised visits. They include the following:

• Sole custody, with sole guardianship
• Sole custody, with joint guardianship
• Joint custody, only usually granted when there is confidence in avoidance of conflict
• Split custody, similar to above with need to demonstrate cooperation on both sides
• Shared custody, equal time with each parent

Where possible, a week-on, week-off arrangement is often favored, enabling equal time with both parents and allowing a child to settle into a routine, rather than have to endure daily disruptions. It is always going to be better if both parties can put differences aside and focus on providing the best conditions for their child, especially where education, social activities and health-related issues are concerned.

Striking The Right Balance

The break-up might have been amicable, but it is inevitable that if both parents believe they should have greater access to the children than they initially receive, then there will be a need to involve the child custody lawyers. Irrespective of right and wrong, the absolute number one consideration has to be the child. It will probably require a little give and take on both sides, but a balance can be struck.

Interested in family law matters? Our team of divorce lawyers is ready to help you and your case.