Child Custody

How Divorce Lawyers Can Help With Child Custody

Divorce proceedings can be an extremely stressful time for all involved. From the parties separating to the children resulting from the relationship, it’s important to know all the facts and follow the laws put in place to ensure that the legal proceedings go as smoothly as possible. Hiring Perth divorce lawyers not only ensures that you have a professional who has your best interests as a priority advocating for you during this period, but will also make the process easier to get through as you are not going through it blindly and without support. Regardless of your personal circumstances, having a divorce lawyers in Perth can make a world of difference not just with the outcome of the court proceedings, but also the property settlements and even child custody entitlements that you get.

What rights does a wife or husband have in divorce proceedings ?

1975 saw a change to the process of filing for divorce. Before then, the only way a divorce would be granted was if there was a marital fault. This could range from insanity, imprisonment, habitual drunkenness, adultery, and even desertion. Because of this, divorce was both a costly and time-consuming process, but after the change in family law in 1975, divorce on the grounds of irretrievable breakdown was also considered to be the reason for official separation. This reform has made it easier for both men and women to exercise their personal rights and start new lives post-separation.

Should I tell my divorce lawyer everything?

If you’re looking to hire a Perth divorce lawyer to assist you in filing for divorce, as well as property settlement and child custody, it’s important to be as transparent as possible with your chosen lawyer. This could pertain to the nature of the relationship, whether there is a requirement for the filing of an Intervention Order if there is violence involved in the relationship breakdown, the separation of assets, what you would require to live if you are filing for spousal maintenance or child support, and whether or not you want to push for joint custody or sole parental responsibility of your child or children borne from the relationship. This will ensure that they are aware of the specifics of your case and can then advocate for you to the best of their capability, increasing the chances of a favourable outcome.

What do judges look for in child custody cases?

Judges must rule in the best interests of the child, and if you are concerned with child custody, it’s important to know that judges rule favourably towards parents who have a proveable history of providing consistent care towards the children, have a reliable source of income, and are not a threat to the child’s wellbeing. Instances of family violence and child abuse can also make judges rule for sole parental responsibility, so every detail matters depending on what child custody arrangements you wish to achieve.

This article does NOT constitute legal advice and should be taken as general information only. Each individual’s situation must be considered in isolation. Please see your qualified Lawyer for advice specific to your situation.