CHILD CUSTODY LAWYER





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Child Issues / Guardianship

I want custody of my children

Custody Care and Control

Issues relating to children are complex and sensitive ones. As experienced family practitioners/child custody lawyer, we know how much divorce can impact the lives of children. Our divorce specialists believe in supporting our clients as well as the children during the divorce process.

In marriages with young child(ren), parties can become very acrimonious because both parties may fight for the rights to take care of their children. They both want the child(ren) to stay with them. There is also confusion as to what is Custody & Care and Control. Click here for more details.

child custody lawyer

Custody

This refers to the rights to make major decisions for the child especially in issues of religion, major medical emergencies, education. The Court’s default position is “Joint Custody” i.e both parties to be jointly responsible for the child(ren) in all of these issues so that the child(ren) see that both parties are present in their lives. This is for the benefit of the children alone.

If you have compelling reasons to argue for sole custody, you will have to discuss this with our divorce specialists or child custody lawyer on whether it has merits.

Care and Control

This refers to who takes care of the needs and day to day care giving for the child(ren). They are also called “care giver” or “primary care giver”. Depending on numerous factors as set down by law and the case law, the Court decides who should be the care giving parent taking into account what would be in the best interest of the child(ren). You should discuss extensively with your child custody lawyer on why where and how the child(ren) will be cared for if they stay with you. This would be a good start in your fight for the care and control of the child(ren).

Shared Care and Control

This refers to where the child(ren)’s care and control is divided between both the parties meaning the child(ren) stays with both parents and their time is divided between them. The Child(ren) can stay few days with 1 parent and the balance time with another. If you wish to have shared care and control of your child in the divorce, please discuss extensively with our Divorce Specialist on why the Court should grant shared care and control as opposed to care and control on 1 parent only.

Our firm has specialised and have successfully defended “fathers” in getting in getting Shared Care and Control orders for our clients. So you can consult with our Divorce specialist on shared care and control. Click here for more details.

I cannot see my child(ren). I am denied access to my child(ren). My spouse is stopping my access.

Access

This refers to 1 spouse having the care and control of the child(ren) which means the other spouse as the right to see the child(ren) and spend quality time with them. Usually this issue is decided in a Divorce based on what is in the best interest of the child depending again on many issues that is prevalent in their marriage.

Committal Proceedings

If you can show and have evidence that the parent having care and control of the child(ren) is deliberately preventing your access, then consult with our Divorce Specialist to discuss together with the relevant evidence, so that matters can be brought to the attention of the Court. As to what constitutes evidence of “denial” of access our Divorce specialist will be able to access and advise you accordingly.