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How To Do Deal With the Complexities Associated With Child Custody Law?

Trial custody law can be challenging for parents facing separation or divorce. Both the couple and the child experience emotional turmoil during the proceeding, which is accompanied by legal intricacies. Thus, the entire process requires a strategic approach. Understanding the types of custody and navigating court law is helpful in the legal journey. 

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What are the legal standards for child custody?

Child custody is covered by the Family Law Act 1975, and the primary consideration of the law is to act according to the best interests of a child. The legal framework works so the child can share a meaningful relationship with both parents, stay protected, and lead a balanced life. 

The primary considerations are:

  • The child’s perspective and preferences.
  • The nature of the child’s relationship with each parent.
  • The parent’s capacity to fulfil the fulfilled necessities. 

Types of custody arrangement 

  • Joint custody is also known as a shared responsibility, where both parents share an equal obligation to the child. Together, they make significant decisions in the child’s life, such as health, education, and religion. The child may spend a different amount of time with both parents, but the decisions are made together.
  • Sole custody occurs when only one parent can make significant decisions about the child’s life. This results when one parent is incapacitated or has limited contact with the child. 
  • Physical custody decides with whom the child is going to live. It can be shared, where the child can live with both parents, or granted to the sole parent. The court makes a decision based on the child’s best welfare.
  • Visitation rights are where the non-custodial parents are permitted to spend some time with the child or granted visitation rights. Specific arrangements are made based on parenting plans or court orders. 

How is the legal process conducted?

Step 1 – Seeking legal advice 

A family lawyer with expertise is engaged in child custody cases. They can provide tailored advice and also represent you in court. Townsville family lawyers help in negotiating agreements.

Step 2: Meditation and family dispute resolution 

Parents are encouraged to enter mediation before presenting the case to the court through family dispute resolution. This helps the parents reach an agreement without going to court and focuses on the best interest of the child. 

Step 3: Court processing 

When the mediation strategy fails, the case is taken to court, where evidence is presented, and all the factors are considered. Based on this, the court decides the child’s custody and parenting agreement.

Child Custody Law: A Complete Guide for Parents

Children’s needs and requirements should be the top priority. To make decisions more accessible, both parents should communicate openly and respectfully. There should be a detailed record of agreements, interactions, and expenses associated with the child. Moreover, you need to ensure that the child gets complete support at the challenging time, which goes beyond the basics, such as professional counseling to help them understand the change in family dynamics and navigate their emotions. Contact a reliable lawyer who can be of assistance in this matter.

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