How Family Divorce Lawyers Assist in Securing Child Custody Arrangements

In 2019, nearly one in five children under the age of 18 in Canada had experienced a parental divorce or separation, according to the Canadian Health Survey on Children and Youth (CHSCY). Despite the challenges that come with these changes, nearly half of children whose parents had divorced or separated and who maintained contact with the other parent saw that parent regularly.

A great way of ensuring the child’s happiness and well-being is consulting family divorce lawyers. They play a pivotal role in helping parents secure custody arrangements that serve the best interests of the child.

Understand Child Custody Arrangements from Family Divorce Lawyers

Child custody is a crucial aspect of divorce or separation as it determines how a child’s care and upbringing will be managed between the parents. Custody refers to the legal rights and responsibilities a parent has regarding the care and decision-making for their child. It’s not just about where the child lives but also involves making important decisions about their education, health care, and overall welfare.

There are different types of custody arrangements, each tailored to fit the unique needs of the child and the family situation:

• Physical Custody – This determines with whom the child will primarily reside. Physical custody can be sole, where the child lives with one parent, or joint, where the child’s time is divided between both parents.
• Legal Custody – This involves the right to make significant decisions about the child’s life, including education, health care, and religious upbringing. Legal custody can also be sole or joint, depending on the parents’ ability to cooperate.
• Joint Custody – In this arrangement, both parents share the responsibilities of raising the child, whether it’s joint physical custody, joint legal custody, or both.
• Sole Custody – This is when one parent has exclusive physical and legal custody of the child. The other parent may still have visitation rights but does not participate in the decision-making process.

Role of Family Divorce Lawyers in Child Custody Arrangements

In a nutshell, family divorce lawyers advocate for your parental rights, guide you through the complex legal process, and work to achieve favourable outcomes for your family.

One of the primary ways that family divorce lawyers assist is by advocating for your desired custody arrangement. Your lawyer will work to present compelling arguments that support your case. This often involves gathering and presenting evidence that demonstrates your ability to provide a stable, nurturing environment for your child. This could include financial records, testimonies from character witnesses, or evidence of your involvement in your child’s education and extracurricular activities.

Family divorce lawyers also play a crucial role in mediation and negotiation. In many cases, it’s possible to reach a custody agreement without going to court, which can save time, reduce stress, and help maintain a more amicable relationship between the parents. Your family divorce lawyer will work to facilitate productive discussions with the other parent, striving to reach a mutually agreeable solution that serves the best interests of your child. If an agreement can be reached, your lawyer will ensure that it is legally binding and enforceable.

If negotiations fail and the case goes to court, your lawyer’s role becomes even more critical. In the courtroom, they will present your case to the judge, using legal arguments and evidence to support your position. They will also cross-examine witnesses, challenge the other party’s evidence, and address any legal challenges that arise.

One of the key roles of your lawyer is to address any concerns that might arise regarding your child’s safety and stability. If there are issues such as domestic violence, substance abuse, or neglect, your lawyer will take steps to ensure that these are fully considered by the court. They may seek protective measures or restrictions on visitation to ensure the child’s safety.

Perhaps most importantly, family divorce lawyers help you make informed, objective decisions in an emotionally turbulent time. Custody battles can be emotionally draining, and your lawyer is there to offer reassurance and advice when you need it most.

Family Divorce Lawyers Build a Strong Case on Your Behalf

Family divorce lawyers play a pivotal role in gathering and presenting the evidence needed to demonstrate that you are the best choice for your child’s care and upbringing.

A key aspect of this process is compiling evidence that highlights your ability to provide a stable, supportive environment for your child. This might include financial records, proof of your involvement in your child’s education and daily life, and testimonials from people who can speak to your parenting skills.

Expert witnesses, such as psychologists or child welfare professionals, may be brought in to provide additional support. These experts can offer insights into your child’s needs and how you are best positioned to meet them.

Family divorce lawyers can also prevent a manipulative or bullying spouse from taking over the proceedings by playing the victim or intimidating you during proceedings. Your lawyer will be able to assert your rights in such situations to protect your child’s future.

You Need Family Divorce Lawyers for Post-Divorce Modifications and Enforcement

Even after a custody arrangement has been established, circumstances can change, making it necessary to revisit and modify the original agreement.

Significant life changes—such as a parent’s relocation, changes in income, or shifts in the child’s needs—can prompt the need for a modification to the custody arrangement. Your lawyer can guide you through the legal process of requesting a modification, ensuring that the changes are legally sound and that they continue to prioritize your child’s well-being.

In addition to modifications, enforcing the terms of a custody agreement can sometimes become an issue. If one parent fails to comply with the agreed-upon terms, whether it’s related to visitation schedules, decision-making responsibilities, or any other aspect of the arrangement, your lawyer can help you take the necessary legal steps to enforce the agreement.

Protect Your Child’s Well-Being with Experienced Family Divorce Lawyers

With over 60 years of experience, Chown Cairns LLP has become the name associated with quality legal services and favorable results. Our clients turn to us for legal strategies that align with their goals and present circumstances.

Schedule a complimentary consultation to discuss your needs with our experienced family divorce lawyer at Chown Cairns LLP.