Going through a divorce can be very difficult for the parties involved – and things typically get even more difficult when a child or children are involved.
Parents want to stay involved in their children’s lives and they want to be involved in the important decisions regarding their children’s lives. As a result, reaching a compromise is not always easy.
At Galbraith Family Law, we understand the difficulty of the situation. Our owner, Brian Galbraith, went through a divorce in which three children were involved so he knows first-hand what is like to be in your shoes.
We understand how overwhelming the entire child custody process can be and we want to use our decades of experience and our knowledge of child custody law to help you get the best outcome for you and your children.
We can guide you through the process in an informed and strategic way so that stress and uncertainty are minimized and the best possible result is achieved.
Call (705) 302-1102 (Barrie) or (289) 802-2433 (Newmarket) or click here to schedule a consultation.
What Do You Need to Know About Child Custody Matters?
There are two main decisions impacting your parenting: how will decisions be made and how much time will the children spend with each of you.
These can be complex issues to resolve. The court makes the decision based on the best interests of the children. This can vary from judge to judge because it is a subjective assessment. Most cases are negotiated instead of letting a judge decide. Parents usually want to maintain the power to make the decisions impacting their children. Nonetheless, sometimes you have to protect your rights by taking your case to court. We won’t hesitate to commence a court action if it is necessary in your case.
Ultimately, you need to decide how much time the children will spend with each parent on a regular basis and how holidays or special events will be shared. Regarding decision making, some parents share this role. Others divide up decision-making or one parent makes all the major decisions. It all depends on your circumstances as to which process is best. We can help sort this out with you.
At Galbraith Family Law, We Are Experts in All Matters Related to Child Custody Including:
- Child Custody
- Child Support
- Child Support Enforcement
- Grandparent Rights
- Changes to Orders
- Parenting Plan
- Termination of Parental Rights
- Family Law
Who Has the Right to Custody or Care of a Child in a Divorce?
Basically, until there is a written agreement or court order in place, both parents have equal custody rights.
It’s important, if you feel your child custody may be contested, to get a legal agreement or order as soon as possible. We can simplify and assist you so that you get an agreement or court order as fast as possible.
Under the law, no preference is given to either parent – decisions are guided by the best interests of the child. To determine the best environment for the child, the court may consider testimony from witnesses like child psychologists, family members, teachers and child custody evaluators.
In child custody cases, children aren’t usually asked to provide testimony except in extreme cases, and many parents find it beneficial to shield them from this process.
Does My Child Custody Case Have to be Resolved in Court?
At Galbraith Family Law, we realize the added stress and turmoil that child custody court proceedings can add to a divorce and we will work hard to come to an agreement with the other party without going to trial.
Our experienced child custody lawyers will help you through the process of negotiating a child custody agreement from beginning to end. This process, with our involvement, often produces more mutually beneficial arrangements that are better suited to everyone’s individual needs and protects the children from the conflict. It also allows you to settle your family issues privately rather than in a public court.
Of course, in some instances this is just not possible. If it comes to going to family court, rest assured we are experts at advocating to the court that you, our client, can protect and ensure the best interests and welfare of your child.
What Factors are Important in Determining Child Custody?
You can expect the court to look at many different factors, such as:
- Each parent’s physical, mental and emotional well-being
- Each parent’s availability to the child and caretaking ability
- Each parent’s economic situation and earning potential
- Each parent’s home environment
- The child’s bonding with siblings
- The child’s preferences
- The role each parent has played in the past
Our lawyers can help, whether you’re trying to obtain sole custody, joint custody or regular access to see your child. If you are denied custody, we’ll work with you to gain visitation rights, so you can have the quality parenting time you need with your child to allow your relationship to continue to grow.
To learn more about how we can help you resolve your child custody issues, call (705) 302-1102 (Barrie) or (289) 802-2433 (Newmarket) or click here to schedule a consultation.