How Your Family Lawyer Can Help With Your Divorce Case

Posted on: 21 November 2022

You need a family lawyer's services when following up on a child custody case. The lawyer argues your case in court to ensure a reasonable outcome. Below is a guide on how a family lawyer can help with your divorce case. 

The Plaintiff 

If you intend to sue your spouse for custody, your family lawyer examines your claim to determine if you qualify for custody. Ideally, you must prove that your spouse poses a risk to the children's wellbeing. For instance, it could be that your spouse is abusive or an uncontrollable drug addict. The general rule is that you should have adequate evidence to support your allegations. Remember, the court rules based on the child's best interest. Therefore, you must show how your spouse's behaviour affects the kids' safety. 

Given that you bear the burden of proof, your family lawyer gathers evidence before filing for custody. For instance, friends and family conversant with your spouse's behaviour could testify in court. Besides, you could provide medical reports if your kids have suffered injuries at the hands of the other parent. Domestic or apprehended violence orders from the police would also come in handy. In severe cases, your lawyer could ask the judge to allow a child to testify. 

The Defendant 

If your spouse files for custody, you can dispute their claims in court. Once you hire a family lawyer, their first objective is to establish the authenticity of the evidence and claims presented in the Family Court. As a best principle, you should give your lawyer accurate details of what happened. This way, they can plan a suitable defence. For example, if you hit your spouse during a confrontation, inform your lawyer what transpired and the cause of your reaction. Your family lawyer also examines how you execute your parental duties. For example, besides providing for your kids, do you have a social relationship? For instance, it could be that you take your kids out for holidays or to play with other kids. Such actions can go a long way in proving that you are a good parent. 

If you suffer from drug or anger issues, your lawyer could advise you to consider therapy to manage your condition. Regardless, your lawyer helps manage your expectations regarding the case. For instance, if your spouse has a strong case, your lawyer could ask for supervised visitation and then lodge another case in the future to squash the sole custody orders. The family lawyer also explains how your conduct could affect the court proceedings. For example, failing to abide by the agreed parental arrangement could negatively affect your case.  

For more info, contact a local family lawyer