Home » Legal news » Obtaining custody of your children: key steps and role of the lawyer

Obtaining custody of your children: key steps and role of the lawyer

Obtaining custody of your children: key steps and role of the lawyer

The separation of a couple can raise many questions, particularly regarding child custody. The question of sole or shared custody between parents is often a source of conflict and incomprehension within families.

In this article, we will discuss the main steps to obtaining custody of your children as well as the essential role of thelawyer in this process.

The different types of childcare

First of all, it is appropriate to specify the different types of custody possible after a separation:

  • Sole custody: one parent is given primary responsibility for the children. This means that they will live with him most of the time, and the other parent will have visitation and accommodation rights.
  • Shared custody: parents continue to share responsibility in terms of decisions concerning the children and establish a schedule for their accommodation with each child, according to a defined timetable.
  • Joint custody: time is distributed more or less equally between the two parents for the accommodation of the children, who therefore spend as much time with one as with the other.

It is the family court judge who will decide on the most suitable mode of custody, always ensuring the best interests of the children.

Steps to obtaining custody of your children

Step 1: Parenthood, an essential aspect

To obtain custody of your children, it is important to prove that you are the biological or adoptive parent as well as to demonstrate your ability to meet the needs of your children. Establishing a strong emotional bond, adequate communication with your children and supporting their school or extracurricular activities are some of the important aspects to consider in this area.

Step 2: Amicable negotiation between the parents

Ideally, parents should reach an agreement regarding child custody without needing to go to court. This can be done during a discussion between the two parents or with the help of a family mediator. Several working sessions may be necessary to reach an agreement satisfactory to all parties involved.

Step 3: Determine the type of care you want

If an amicable agreement cannot be found, each parent will have to make a request to the family court judge to obtain sole or shared custody of the children. In this legal procedure, certain factors will be taken into account by the judge, such as the age of the children, their attachment to both parents and the abilities of each parent to provide for their needs.

Step 4: The decision of the family court judge

The judge will examine the requests of each parent and will carry out an investigation to obtain as much information as possible about the family situation. In particular, it will take into consideration the best interests of the children and the opinions of possible experts (psychologists, social workers). Following this analysis, he will make his decision concerning the custody of the children, which can be a provisional or final judgment.

The role of the lawyer in obtaining custody of your children

The lawyer is a crucial player in obtaining custody of your children. Its intervention can take different forms:

  • Legal advice : the lawyer will be able to inform you about your rights and obligations regarding child custody as well as the steps to take to assert your request. It will also be useful to anticipate the arguments of the opposing party, according to this site for get legal advice.
  • Assistance during negotiation: If an attempt is made to reach an amicable agreement between the parents, the lawyer can assist his client in determining the conditions of child custody, such as accommodation or payment of alimony.
  • Legal representation: if the case is brought before the family court judge, the lawyer will represent and defend the interests of his client during the hearing. His role will then be to convince the judge that his request for custody is best suited for the children.

In short, the lawyer is a valuable ally to facilitate better decision-making regarding the custody of your children, whether in amicable negotiation between parents or in court.

★ ★ ★ ★ ★

Also read

Leave comments

Your email address will not be published. Required fields are marked with *