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To New Beginnings: How to Get the Best Outcome When Separating

Family Lawyers, Divorce Lawyers, Child Support Lawyers, Separation Lawyers

Divorce is emotionally stressful for the two people going through it. Their children who have grown in the shelter of both the parents go through a traumatic situation when the parents break apart. For them, it’s the time of mental confusion, anxiety and unbelief. To assure the child has a normal life post-separation, it’s important to consult family lawyers Collingwood and child custody lawyers Melbourne for the welfare of the kid.

What’s the fate of the child after separation?

After the divorce, a lot of things change for the child. The couple undergoing the process of separation, choose the type of child custody that’d be best for the child. Consult child custody lawyers Melbourne to choose between sole custody, joint custody, physical custody and legal custody.

The child mustn’t be affected in any way. Be it a degradation of their living conditions, academic and schooling or co-curricular activities. Their expenses must be taken care of and included in the divorce agreement.

Types of child custody

Before you choose the custody, make sure you have adequate knowledge about every type. For more information, contact child custody lawyers Melbourne.

  1. Physical custody: When the court grants physical custody to a parent, the parent has the right to have the child live under their shelter.
  2. Joint custody: If the responsibilities of the decision-making for the child and housing decisions are shared by both the parents, it’s joint legal custody.
  3. Legal custody: The parent with the legal custody has the authority to make all the decisions in regard to the actions of the child. Be it the education he/she seeks, healthcare, religion followed, type of upbringing etc. The legal custody is generally advised to be shared between both the parents; hence, they are suggested to cooperate and make joint decisions for the benefit of the offspring.
  4. Sole custody: If the judge decides that one parent is unfit to parent the child, then sole custody is the option. The parent could be declared unfit due to ill financial conditions, terminal disease, drug or alcohol abuse. The legal and physical custody is granted to solely one parent.

The importance of child support

Family lawyers Collingwood would suggest you include a well-detailed paragraph about child support. Child support is the payment made by a parent to another for the financial wellbeing of the child; after the termination of a marital union. The custodial parent receives a certain amount from the non-custodial parent. The child support clause is periodically amended as per the changing needs of the child.  

Child support lawyers Melbourne would advise you to take into account, every expense of the child and quote an appropriate amount to cater to all the needs of the child.

10 commandments of child custody

Children are sensitive, and their rights should be protected throughout the separation procedure. The future of the child and wellbeing must be thoroughly considered, and the necessary steps must be taken to secure their future.

Consider there 10 commandments to help your child cope up with the divorce and have a comfortable life post-separation:

  1. Consider the feelings of the child. He/she must be going through a very tough phase during the entire separation course. Don’t say or do anything harsh in front of them. The child needs emotional support and someone to explain the reality to them. Never lie to your children; accepting the truth later is harder.
  2. Don’t make the child choose sides. They have grown up under the joint shelter of two parents. Making them choose who’s better, will emotionally shatter them and leave them devastated. A child’s loyalty must remain with both the father and mother.
  3. Be truthful with your lawyer and in the court. Family law specialists Melbourne will be able to help you out, only if you tell them the entire picture. If the court finds out you’ve lied, the case can completely go out of your hand and make situations worse for both you and your child. Never lie.
  4. Documents are very important. In the court, written proof and documents are necessary to prove every point of yours. Documenting preserves the crucial evidence that you might need later. Collect all the fee bills, enrolment applications etc. of the child to have solid proof of expenditure.
  5. Stability of yourself is a very important point that not many people pay attention to. In the court, often the primary custody is given to the parent who has a more stable life. Keep calm and maintain a sound life.
  6. Pay your lawyer on time. They are here to assist you in a difficult situation. You don’t want to be on the hot seat in the court, unassisted because you took the payments lightly. A small mistake can cost you a lot.
  7. Gather witnesses and proof. As the court only considers solid proof and statement of the witnesses; gather all the proof you find. Compile photographs and videos of you and child, gather witnesses who have seen you and the child happy in each other’ company.
  8. If the court grants joint custody, don’t fight against it. In the end, like child custody lawyers Melbourne would tell you, the happiness and wellbeing of the child are important.
  9. Know your goals. With a clear mindset and foolproof plans, nobody can defeat you. Instead, if you’re goalless and your spouse isn’t, the judge is probable to choose his case over yours.
  10. Plan ahead. Separation has a huge impact on your lifestyle. You must plan ahead and assure that the child doesn’t go through changes he/she can’t handle. If required, alter your work schedule to cater to your child, apply for loans, speak to a day-care centre etc. and assure the judge that you’re capable of taking the custody of the child.

Children are sensitive at heart, and as parents, you must ensure that your divorce doesn’t get in the way of the child’s right upbringing. VIC Family lawyers are your best go-to choice when it has to do anything with the legal matters. They will provide you with the best services and guidance to help you through all that you need.

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    At VIC Family Lawyres, We offer high quality advice and representation services in all areas of family law including separation and divorce, property settlements, parenting arrangements, child support and pre-nuptial agreements.