One of the most challenging hurdles you are likely to face when divorcing or separating from your partner is child custody. If your children are still young, it is your legal obligation to support them until they obtain the legal age where they can make their own decisions and cater to their upkeep.
Most couples differ on child custody issues. They fail to come into an amicable agreement on who is best suited to live with the kids and how to formulate a visitation plan. That's why many people opt to hire family lawyers to find a fair child custody agreement. Here are three things you should know when preparing for your child custody case.
1. Child Custody Petition Involves Several Stage
When you decide to go separate ways, you and your spouse must agree on how you both will parent your kids. Devising a good formula is pretty easy when both of you want to provide your kids with the best care possible. However, if you don't get into an agreement with your spouse, you will have no option but to get a court intervention. Typically, you will be expected to file a petition.
When filing for a child custody petition, you should first prepare to file the case by gathering all the required forms and learning the relevant laws. Next, you need to fill in the documents indicating your most preferred custody plan and file the request with the court. The last phase in the petition is presenting your legal case to the judge in court. A seasoned family lawyer can be a great resource in petition processes.
2. Sole or Joint Custody Depends on the Evidence You Present
When getting married, you only see the best side of your spouse. But as time passes, you might begin to see a different side of the person, especially about their parenting abilities. For example, if your partner has an addiction or a psychological health problem, you might get concerned about their interaction with the children.
You should bring all these factors to light during a custody petition. The court will weigh the issues you present and decide whether they should give you full or joint custody.
3. Child Support Is an Obligation of Each Spouse
Most times, family lawyers handle child support separately from custody issues. Similarly, the court will oblige you to support the children, whether you have sole or joint custody over them. Most courts determine child support based on your earning capacity and not your actual incomes. To obtain a favourable support order, you must be careful about the information you present to the court. An experienced family lawyer might come in handy in this situation.
The best way to handle child custody cases is through the guidance of a family lawyer. A competent and thorough solicitor increases your chances of getting a fair settlement both in the custody and support proceedings.
Contact a local family lawyer to learn more.
