3 Questions to Ask Your Solicitor About Child Custody
No one starts a family with the intention of eventually breaking it up. Separations and divorces are heavy decisions, not made lightly. Some are amicable, made with the recognition that these two people simply aren’t compatible with one another; others are made in light of difficulties, mistakes, or even egregious patterns of damaging behaviour.
Whatever the reason for your own separation from your partner, you might be facing the prospect of litigating child custody. This is a can of worms in and of itself, which can be more stressful on its own than the entirety of the separation process besides. It’s important that you know as much as you can about this process before going into it; with this in mind, what follow are three essential questions you should be asking your solicitor in the event of a separation or divorce, where children are involved.
Each question has been somewhat answered, with some general considerations you should be bearing in mind as things develop – but, as no two familial situations are ever exactly the same, it is nonetheless important that you get specific and targeted advice from your legal counsel. This will ensure that you know everything you need to know, and that the making of arrangements for your child or children goes as smooth and efficiently as you deserve it to.
What Are My Custody Rights as a Parent?
The first question you should be posing to your legal representation is an overarching one: “what are my custody rights as a parent?” The phrasing of this question is a great opportunity for your solicitor to go over the specifics of child arrangement orders, and the key decisions that go into each arrangement. Most separations result in a joint custody arrangement of some sort, but there are cases where a court may see fit to assign custody to a sole parent.
How Will the Court Determine What Is in the Best Interest of My Child?
This next question is an opportunity to understand the guiding principles behind child arrangement orders, as enshrined by the United Nations Convention on the Rights of the Child (UNCRC). The words ‘best interest’ appear directly in the UNCRC, and grant judges the responsibility of examining what home situations would best suit your child in particular. Various factors are at play here, from the age of the child to their specific emotional and educational needs.
What Should I Expect During the Custody Process?
This final question is truly one only your solicitor can answer – again, because each separation and child custody process is unique in its own way. Depending on the amicability of your separation, you could be agreeing to joint custody without involving a court at all. However, you may find yourself entering a structured court process to enshrine custody arrangements in any other situation.
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