One of the key issues at law in family courts is the matter of child welfare after parents separate Fredericton Lawyer . Whereas the disagreement and subsequent divorce is between parents, children end up victims by default. To safeguard the best interests of the child, it is best to engage the services of a family lawyer to help navigate through litigation or arbitration.
In determining matters of custody and child support in family law, the court considers a number of factors:
- Primary caretaker of the child who therefore has priority for physical custody
- The nature of legal custody and visitation rights for the other parent
- Merits of joint or split custody if applied for
- Marital status of parents – if unmarried
- Nature of child support necessary
There are always two options in resolving family matters in law. Through litigation, in which case a petition is drawn up by a family lawyer, filed in court, and argued out for determination by the court. Another is through mutual agreement by arbitration where both parties reach an amicable solution. Two key objectives are always at the core of these options: protecting the best interests of the child and parental rights.
Family law in modern times is a veritable minefield, and the services of specialized family lawyer are essential. Laying down solid grounds for a custody cause is not easy, and emotional arguments are not valid for award of custodial prayers. One needs to understand fully the factors the courts consider when resolving custody cases, to move the courts in making a ruling in their favor. The parties must agree beforehand the type of custody preferred with reasons why they think it best. Agreeing on joint custody for example, when one parent lives in a far off town for example, may not be in the best interests of the child and the court may decline.
Split custody is not easily considered, as it denies children the enjoyment of sibling fraternity. Of great interest however, is the question of child support. When parents go separate ways, children must not suffer want or a decline in lifestyle. In such cases, children take refuge in the protection of family law in whatever state or country they may be. Normally, legal custody is vested in the parent with ability to support the child, much as she/he may be denied physical custody. The courts take care to preserve the continuity of the child’s lifestyle. If the physical custodian is not financial capable of this, the other parent is ordered to provide for the child’s health cover, education, housing and general sustenance. Family law protects the rights of both parents and their children