When dealing with issues about children, you need a child custody family lawyer Adelaide, who is creative and caring. Furthermore, they should possess expert legal knowledge as well as courtroom procedure knowledge.
When making their decision on custody arrangements, a judge considers several factors, such as the lifestyle and stability of each parent and their ability to care for their child(ren). They may also consider what would best serve their needs – provided the child is of sufficient age to express an opinion.
Custody
Courts typically award child custody to one parent during divorce or separation proceedings. When making this determination, judges typically consider numerous determining factors, including finances, providing food and shelter, safety in the home and neighbourhood, parenting abilities and any number of other related concerns.
Based on your circumstances, a judge may grant sole legal or physical custody to one parent; with sole legal custody, only that parent can make decisions regarding your child’s health, welfare, education and religious upbringing. Physical custody permits custodial parents to reside with the child/ren and allows non-custodial parents supervised or unsupervised visitation rights determined by court ruling.
An experienced child custody family lawyer Adelaide, can assist in finding an optimal custody arrangement. They may use outside professionals like psychologists, forensic investigators and social workers as part of their strategy; additionally, they may help secure necessary documents like tax returns and financial statements.
Visitation
Usually, one parent will have physical custody while the other receives visitation rights. Visitation could involve specific conditions like set schedule or supervised visits; grandparents, siblings, and close relatives could also request custody or visitation rights.
When making their custody decision, judges always consider what is in the child’s best interests. While older children can express their preferences freely, the judge won’t make their final determination based on them alone.
Judges may alter custody arrangements if one parent can show that there has been a substantial change in circumstances that would benefit their child. To have your custody order modified successfully, you must consult an experienced child custody family lawyer Adelaide. They understand how best to handle complex legal issues like custody orders. Their firm should also have experience drafting and filing required documents as well as attending all court appearances and proceedings.
Modifications
Modifications to child custody arrangements may be filed when it’s believed they no longer serve both parents or the children effectively. Depending on your case, modifications could affect parenting time, decision-making power, and even child support payments. For any parent seeking modifications, they must work closely with an experienced family lawyer to prove there has been a substantial change in circumstances and that the proposed modifications are in the best interests of their children.
In demonstrating a significant change of circumstances, it must be shown that the current situation negatively affects a child’s well-being. For instance, situations in which one parent lives in an unsafe neighbourhood or associates with people with violent criminal records will usually prompt immediate court intervention to modify an existing custody arrangement or order. A parent can file for modification if another party violates an agreement by refusing parenting time or failing to fulfil other responsibilities under a contract or order.
Mediation
A family law attorney can help a client create a plan and explain the legal process so that they are prepared for what is to come. The attorney can also help them gather all of the necessary evidence to present to the judge so that the outcome is fair.
The decision about where a child lives depends on a variety of factors, including the stability of the parent’s home, whether it is in a safe neighbourhood, and the quality of education available in the area. If the child has siblings, the courts typically prefer to keep them together and will consider each parent’s stability and ability to care for them. The child’s preferences are usually given significant weight as well if they are old enough to express them. If the child’s safety is in jeopardy, the judge can order supervised visits.