As we mentioned in our previous article, divorce is never easy. Very few are straightforward and simple to negotiate, and most become contentious. When children are involved, it can heighten emotions, especially if both parents want custody. If you’re in need of divorce lawyers in London, then we’re here to help.
Here at Van Eaton Solicitors in Streatham, we can assist and guide you through the entire divorce process. We can get the outcome to suit both you, your former spouse and any children involved. With experience in dealing with a range of civil disputes, our experts can help you achieve custody that works for everyone.
Your Custody Rights
Custody relates to where the child’s main residence will be. Both parents have at least some rights to full custody of their child, and as defined in the Children’s Act 1989, parental responsibility is ‘duties, powers, responsibilities and authority which by law a parent of a child has in relation to the child.’ This responsibility is given to the mother as she is named on the birth certificate, but the father will have the same rights if;
- he was married to the mother at the time of birth
- his name is on the birth certificate
- he registered parental responsibility with the court
The main concern is the welfare of the child, and in which situation the child/ren would better thrive. By turning to a civil litigation solicitor, you can gather all the necessary evidence needed to prove your child will be better with you.
Sole and joint custody are two of the main types of custody when it comes to children. Determining where the child spends most of their time all comes down to a range of factors. Ad courts need to decide;
- who the child lives with
- when the other parents can have contact/have the child stay at their premises
- any prohibitions that each parent must adhere to
Equal responsibility is being promoted nowadays, as children need stability in their lives, which comes from being in contact with both parents. In some cases, this can be decided outside of court, which puts less strain on the couple’s already rocky relationship. Civil solicitors will always work to keep your case out of court, providing the best alternative dispute resolution, legal advice and assistance in collecting relevant information, all the while making agreements legally binding.
The same rules apply for same-sex couples; both parents may be listed on the birth certificate, so will have equal parental responsibility. In divorce cases where children are involved, the child will always come first, and what’s best for them will be the priority. To improve your chances of getting custody, helpful evidence and instances to display can include, but aren’t limited to;
- demonstrating a strong relationship with your child(ren)
- attending key events in their life, such as birthdays or religious ceremonies
- paying child maintenance
- respecting the other parent
How We Can Help
Our highly experienced divorce lawyers in London can help you present your case as being the best option for your child, always putting your child first. We can also work to achieve practical schemes to provide contact arrangements for parents and grandparents, offering a free consultation to provide advice on legal options.