In actuality, custody of small children is very often granted to the mother. Fathers are granted primary custody in fewer than 10% of cases. Joint custody is an option that gives both parents custody and is sometimes an amicable solution to a difficult problem. As a father, you need to learn the best ways to gain custody of your children.
While most people use the terms interchangeably, child custody and legal guardianship aren't necessarily the same thing. Child custody and parental custody consist of both legal and physical custody. Legal custody refers to the right to make decisions for the minor child no matter where they live. Physical custody parenting arrangements is where the child resides. Parents are expected to take care of their children no matter where they reside. Paying child support doesn't guarantee visitation rights. Child custody, visitation rights child support payments are all part of the child custody case.
There are many factors that go into the decision of a judge in a child custody case. Where there is proven child neglect or abuse the decision is relatively easy. Most cases are not that straightforward. There are several things you must do as a father seeking parental custody. First, you must show that you are a capable parent and second you must show that it is in your child's best interest to live with you.
Some of the things a family court looks at when determining custody include:
· Ability to spend quality time with the child
· Provides a stable home life for the child
· Does not demonstrate any prior problems (child neglect, drug use, illegal activities)
· Can provide emotionally and physical for the child
· Psychological evaluation of the children
· Desires of the children (school age)
Best Family Lawyers AdelaideDisputes involving families are extremely emotional and can be incredibly stressful if you do not seek professional help from an experienced family lawyers Adelaide.
We have extensive experience in all areas of family law, including, parenting arrangements, divorce, child support and property disputes.We also advise on pre-nuptial agreements.We work hard during the negotiation period to avoid unnecessary hostility and strive to minimize legal costs associated with having to go to court.We provide a free initial telephone consultation and will explain the likely costs associated with each step or your claim.
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What is a Parenting Plan?A parenting plan is a plan which puts the best interests of the child first.
It is your and your partner’s commitment to your children and their future.
A parenting plan is a written agreement between parents under practical issues of parental responsibility.What Happens if a Party breaks Parenting plan or arrangement and Does Not Return the Child?If you are concerned that your child may not be returned to your care after spending time with the other parent, there are some simple things you can do to try and avoid this situation, or, make it easier for yourself to recover the child in the event this does occur.Make Parenting Arrangements in WritingIf you have not yet agreed to a parenting plan with the other parent, or are awaiting mediation, you should try and make arrangements in writing which specify the date, time, and where changeovers will occur.When putting this information in writing, not only does it become easier for the parties to follow, but it also provides concrete evidence in the event the other party does not comply with the original agreement.This also has an added bonus of demonstrating to the Court that you have intentions of co-operating with the other party in the parenting plan of the child.What Happens if the Child Is Withheld?If there is an agreed parenting arrangement, or if the other party simply withholds the child from your care, you can then proceed with a Recovery Order.
The Court does not look favourably on parties who unilaterally change the child’s living arrangements without the prior consent of the other party.This is where written agreements and evidence can make this process easier.
Depending on whether it is urgent recovery order qld, the process of returning the child to your care can take between one or two weeks.Often times the mere filing of a Recovery Order is enough to make the other parent realise they are unnecessarily withholding the child and return them to your care.However, if the child continues to be withheld from you, the Court has the power to make an Order which provides authority to the police to recover your child from the other party.Importantly, cases that require police involvement are extremely rare and usually, the situation is defused before this occurs.If you require any advice regarding the above information or seeking to apply or defend Recovery Orders, call us today to speak with one of our accredited family law specialist or email your query to [email protected] Source: Parenting Plan
