WHAT ARE MY CUSTODY RIGHTS?

A question I hear a lot asked of family lawyers is ‘what are my custody rights?’ Your children are important to you, and getting the best custody result is what we specialise in.

Many people, especially fathers, believe that a 50/50 arrangement, or shared parenting, is the fairest outcome. However, what is fair for the parents is not necessarily what is in the best interests of the children.

In 2006 new legislation was introduced which created a presumption that there should be equal shared parental responsibility. However every situation is different, and ultimately what is most important to the Family Court is what is best for the children. Equal shared parental responsibility does not necessarily mean equal time with each parent.

In certain situations, where there is a harmonious relationship between the parents, a 50/50 or ‘weekabout’ arrangement works very well. However in other situations, for example where there is family violence, such an arrangement will not work very well. In such situations the Court may favour quality time over equal quantity of time.

So if the custody of your children is important to you, call Testart Family Lawyers for a free initial consultation. We’ll help you get the best result for you and your children.

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