Divorce and separation usually involve a lot of adjustment for parents and their children. From shifting residence to minimal interactions between the children and parents, one needs some time to adjust and forge the way forward. Though the children do not participate in the process, it is best to consider their welfare in every decision. If you would like to get full custody of your kids, here are a few things you need to put in mind.
Contents
Full Custody is Not Gender Based
Whether you are the father or mother of the kids, you can win the case in court and get full custody. The court does not bias against any parent’s gender. As long as you have the capability to take care of your children and you state your case satisfactorily, you have an equal chance to win the matter. All you need to do is to get qualified family lawyers in Northern Beaches to help defend your cause. With an experienced lawyer from a reputable firm, you will prove your reasons and go home smiling in victory.
You Need Evidence
As in every other court case, evidence is part of the family court proceedings. You need to provide two types of evidence. First, you need to prove your ability to take care of the kids without your partner’s help. This should be possible in every sphere of their lives. You should consider the following aspects:
- Schooling
- Health
- Food
- Shelter
- Physical safety
- Mental and emotional health
- Social life
All these are vital in ensuring the proper growth of every child. The court will assess your financial and mental capability and whether you will be available for the young ones. You cannot be an absent parent and try to gain full custody just to win the court case.
The second type of evidence you and your lawyer should have is proof that your partner cannot stay with the kids. The reasons should be justifiable accounts like physical abuse, drug addiction, neglect, or financial inability. When you have proof of when such things happen, you build a strong case against your opponents and have a better chance of obtaining sole custody.
Your Child Should Be the Priority
While the court relies on the evidence, you should also ensure that you consider your children’s opinions. For example, you should know where the kids want to stay and whether they want joint or full custody. In a family court, the kids might get an opportunity to speak their minds or wish, especially if they are above twelve years. If they say they would not want sole custody, you will have a lower chance of winning the case. Therefore, your motive for taking the case to court should be in the right place. Do not pursue the matter while not considering the child’s welfare. It is also essential to discuss the issue with the kids before going to court and get their consent or at least explain to them what is happening.
Special Needs and Considerations
apart from the general considerations, the family court also checks whether any child has special needs or disabilities. If so, they will stay with the parent who provides the necessary care or the one who can facilitate it. The judge will also look at the availability of the appropriate medical facilities for the child where each parent resides.
Another consideration is the quality of education and the kind of environment that the parents live in. Since the goal is to provide the child with wholesome growth, you must ensure that you live in a good neighborhood with a quality education. The living standards that the children had should not go lower but rather get maintained or improved.
Conclusion
While cases in the family court may take a while to settle, it is crucial to ensure that you help your children through the process. The best way to win the case is by fostering a positive relationship as parents. The court may also allow a specified number of visits depending on how far the parents live from each other. While you may win sole custody, you should let the kids enjoy the love from both parents, especially if there are no abuse risks.
