When to Get a Family Lawyer Involved in Child Custody Issues

Posted on: 19 September 2016

After separating and divorcing, some couples cooperate very well in raising their children together. At the very least, they may respect the other parent and their rights to visitation, shared custody, and the like. However, this isn't true for all couples who have divorced, and there are times when a family lawyer may need to get involved with child custody issues. If you're not sure if you need a lawyer for such issues, note when and how you can use family law on your side and ensure your rights are protected after a divorce.

Interfering with the rights of grandparents

The rights of grandparents after a child's parents have divorced may vary, but usually courts will recognise that grandparents should have some access to their grandchildren. If your ex-spouse is interfering with those rights or any arrangement set out by the court to allow grandparents to visit, it's good to consult with an attorney. This can ensure you know the rights that grandparents have rather than assuming those rights, can petition the courts for a legal visitation order, and can also ensure that those orders are respected by the other parent. 

Interfering with cultural upbringing

One parent may have a certain cultural background that is not shared by the other parent, but typically both parents have the right to expose their child to their own culture and heritage. If your ex-spouse is interfering with this, perhaps by refusing visitation when you want to bring your child to cultural festivals or by hiring their own attorney to force you to stop exposing your child to such events, contact an attorney. He or she can ensure your rights are protected when it comes to exposing your child to your cultural heritage, as long as the child's safety is not in question.

Family violence

Physical or corporal punishment to a certain degree may be allowed in a home, but there are times when such punishment may cross a line into violence. If a child is left with any marks on their skin, scars or even psychological damage from this punishment, it may qualify as violence and even abuse. In that case, you want to consult with an attorney and especially before you decide to manage this situation on your own. Threatening your ex-spouse or refusing to return the child to him or her could mean legal problems for you, but an attorney can decide the best, most effective way to protect your child from such violence.

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