Parents should always try to resolve custody issues outside of court, if possible. If not, an experienced child custody family lawyer Adelaide can be your strongest ally.
The goal is to impose as little change and disruption on the child as possible. It includes setting a schedule for visitation and honest negotiation as to legally material choices.
Child support
When a divorce or separation occurs, one of the primary issues is how to provide financial support for a child. A family lawyer who understands child custody laws is an important asset to have in this case. They can help parents work through the process while remaining level-headed and avoiding emotional outbursts that may be detrimental to their case.
The amount of child support is based on state guidelines that take into account the parent’s income, as well as the child’s needs. These needs include shelter, food, clothing and entertainment. Other expenses may include education, medical costs and child care. In some cases, a court may order both parents to pay child support. In most custody arrangements, a single parent has physical custody of the child and is responsible for their day-to-day supervision. The other parent, known as the noncustodial parent, typically has visitation rights.
When a custodial parent has to pay child support, they should keep careful records of their income and expenses. They also should bring to court copies of tax returns, pay stubs and a financial disclosure statement. A lawyer can review all the documents and advise whether or not they have a strong case to prove to a judge. It is also a good idea to have legal representation when filing a request to modify child support payments or when attempting to enforce an existing court order.
Custody
Custody is the right of a parent to have physical and legal responsibility for their children. Custody can be granted by a court or by agreement between parents in cases of separation, divorce, or other family law matters. A judge may grant sole legal custody to one parent or joint legal and physical custody to both parties, allowing each parent to make decisions concerning the child’s medical care, religious upbringing, educational needs, and extracurricular activities.
The decision to award custody is usually based on many factors, including each parent’s ability to perform parental duties, the child’s preference (if they are old enough to have one), and each party’s relationship with siblings and other relatives. In some cases, a judge might decide to award custody to a non-parent, such as a stepparent or foster parent, if the judge believes that doing so would be in the best interests of the child.
Visitation
When a judge decides custody and visitation arrangements, they are looking at the best interests of your child. They consider things like which parent has been the primary caregiver, each parent’s mental and physical health, the child’s wishes (if old enough to express them), the stability of each home, and the ability to provide your child with a safe and stable environment. An experienced family law attorney can help you form your arguments based on these factors.
Supervised visitation is often required if there are concerns that your ex-spouse or another person who has visitation rights might be in danger of abusing the child. It can happen when a parent has abused that child in the past, and your child would likely be frightened or traumatized by seeing their abusive parent alone.
Modifications
Modifications are the legal process by which child custody and visitation arrangements can be changed. Ex-spouses can work out modified orders consensually, but it is important to file official modifications through the court if either parent believes there has been a significant change in circumstance. If your ex-partner wants to modify an existing order, you need the help of an experienced child custody family lawyer Adelaide, to ensure the right paperwork is completed and submitted properly.