If you are going through a stressful divorce and have children, there is much to discuss with your ex-partner, and the children’s welfare should be at the forefront of all arrangements. If the separation is emotionally charged, it is often difficult, if not impossible, for both parties to sit down and discuss child custody and visitations, and in such a situation, you need the help of an experienced family lawyer.
Enlist the Services of a Family Lawyer
There are experienced family lawyers in Adelaide who can act on your behalf, ensuring that the children’s best interests are prioritised, and whether you plan to have the children live with you, or would like regular visiting rights, your lawyer will negotiate with your partner’s legal representation. Children are especially sensitive when their parents split up, and it is crucial that both parents have regular contact, and that they are both on the same page regarding the kids.
In the event an amicable agreement over custody cannot be found, the Family Court will hear both sides of the argument and make a judgement on both custody and visitation rights. In such a situation, it is critical that you have legal counsel, who will put forward your case in the strongest way possible, and hopefully, will help to secure a favourable outcome.
Preparing your Case
Your family lawyer will sit down with you and together, you will build a strong argument for your case, and with the children’s future on the line, it is important that they maintain a healthy relationship with both mum and dad. There is what is called, “mediation”, which should be utilised prior to filing a case for the court to hear, and should the situation be of an urgent nature, your lawyer can apply to skip the mediation stage and have the case heard by the court.
Valuable Court Time
If the matter can be resolved by the legal representation of both parties, then this is the best plan of action, as the judges only want to hear cases that cannot be reconciled, and it is during a custody negotiation that your lawyer’s skills come into play. More often than not, an agreement can be reached out of court, thus not wasting the court’s valuable time, and of course, there are high costs involved when taking any issue to court.
Hiring a Family Lawyer
There are many fields of law and for child custody and visitation rights, you are advised to source an established law firm that specialises in family issues. An online search is the best way to locate a good family lawyer, unless you have a friend who has been through a divorce and recommends their legal counsel, as recommendations give you a clear idea of what to expect.
If you are unable to reach an agreement with your partner over custody of the kids, your lawyer would be able to look at the case and give you their professional opinion as to the probable outcome of a court hearing. If it looks unlikely that you will receive a favourable outcome in court, your lawyer would advise you to enter the mediation process, which would give you more chance of the right outcome.
Times like these can be very stressful indeed, and with an experienced lawyer in your corner, you are maximising the chances of a favourable outcome. If you are stressed out over your partner’s unreasonable attitude to the children’s welfare, talk to a family lawyer as soon as possible and he or she will set the wheels in motion and hopefully, you will reach a satisfactory agreement with your ex-partner and the children will not suffer in any way.
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