The pleasure of every parent is to be able to spend time with his or her child whenever they want to with no restrictions. Unfortunately, this becomes extremely difficult in the event of a divorce or separation. Sometimes one parent might make it difficult for the other parent to spend quality time with their child, resulting in lengthy court processes that can be both upsetting and frustrating.
In the event that you or your spouse has filed for a separation or divorce, you need a competent and experienced family lawyer to represent you so you can spend as much time as you possible with your child. The following are ways a family lawyer can help with arranging child custody and access.
1. Fights for parental rights
In some instances, one parent can deny the other parental rights in the event of a divorce or separation. One parent may decide to have custody of the children and maintain that the other parent has no right to them or is unsuitable to be in their care. In such instances, it becomes difficult for the parent denied parental rights to have access to the children.
A good family lawyer can help you fight for parental rights as a mother or father to a child during divorce or separation proceedings. A good family lawyer can help you to prove your legitimacy as a parent so that you can be granted the access to your child that you deserve.
2. Helps in negotiating
Child custody and access is a complicated matter after a divorce or separation. Some parents are unable to agree on an agreement outside of court and this ultimately leads to a judge making a binding decision that both parents are required to abide by. This is a common situation where one of the parents feels the other one is not fit to have custody or access to the children or one parent feels that they are the more suitable primary caregiver.
A skilled family lawyer can make valid arguments regarding why you should have primary custody to your children. If your former spouse is willing to compromise, the lawyer that you hire can help you to negotiate an agreement that will enable you to spend quality time with your kids on a schedule that works for you.
3. Represents you in court
Sometimes, parents are denied custody or access to the child by the court because they are not able to convince a judge that they are a suitable parent. Sometimes a parent loses their bid to be the primary caregiver and in turn they are only granted visitation rights and are required to pay child support.
A family lawyer will be able to represent your interests in court and convince the presiding judge that you should be granted primary custody. In the event that your former spouse is seeking sole custody of your children, the lawyer that you hire will use factors to show that you at least deserve joint custody. These can include your character, family support, employment, and current residence.
4. Helps in modifying custody agreement
Parents have to agree on a custody agreement during divorce proceedings. If no agreement can be reached, a judge will arrange custody and access to children. Sometimes one parent may feel that the existing custody agreement is not working for them or their children and will seek to have it changed. Modifying the agreement can be extremely difficult if the two parents cannot agree on what is good for them and their children.
A family lawyer can help you to modify a child custody and access arrangement if the existing one is not working for you. This can be done either in court or another method such as mediation depending on the circumstances.