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A Child Custody Proceeding

Posted by DaKama | Custody | Saturday 6 June 2009 7:31 am

Child custody is the term that is used to describe the legal and practical relationship between a parent and child. It is the legal term which means that particular parent is able to make decisions for the child and it is the parent’s duty to care for the child. There have however been some changes regarding the terms which are used when it comes to child custody cases. A prime example of this is the Nations Convention on the Rights of the Child have declared terms such as ‘custody’ and ‘access’ as outdated so you may, in some cases see these terms referred to as ‘reside’ and ‘contact.’

Issues regarding who is granted custody and contact of a child are the most pressing when they are involved in a divorce proceeding, annulment or other legal process. In cases such as this a decision needs to be made regarding who the child will have their main point of residence with and what type of custody is granted. These decisions can often involve a lengthy court battle but however the decision is made it will only be made with the best interests of the child in mind.

There are two main types of custody when it comes to child custody involved in divorce; these are exclusive and joint custody. Both of these are pretty much self explanatory. In exclusive custody a court will award the custody of a child to one parent. It is this parent that the child will reside with and have the most contact with. In cases of exclusive custody that parent that it is granted to is the one that makes most of the decisions involving the child. The parent who isn’t granted exclusive custody may receive supervision rights or in certain cases, supervised visitation rights.

In cases of joint custody both of the child’s parents will be granted equal rights when it comes to the decision making regarding a child’s upbringing. Courts award joint custody for cases in which both parents can properly perform their duties as parents. There are cases however when joint custody has been awarded, where one parent will try and sue for exclusive custody. Even though this is within your rights, it will only be considered if you can prove that this is in your child’s interest. The courts will only make their decision of custody based on what is best for the child.

When deciding on what is best for a child, aspects such as the wishes of the parents, the wishes of the child and the child’s relationship with each of their parents as well as their siblings are taken into account. Also aspects such as the child’s comforts in their home, school and community as well their mental and physical health is taken into account when it comes to deciding what custody should be awarded.

Toronto Family Law Lawyers

Posted by Apanda Kent | Divorce Law | Monday 1 June 2009 7:49 am

Family law disputes range from complex legal battles to the unchallenged officiating of circumstances. Though aspects may be very simple, and be included in all legal service, others can become heated and highly disputed legal battles lasting many months. While the former may be delivered by any qualified lawyer, it’s best to invest in the best family law attorney if you are expecting a fight.

Finding one isn’t just a matter of establishing a big budget for your legal battle. In fact, the first step to finding a strong attorney is to take money out of the equation.

Firstly, it’s generally not legal or advisable to use your usual family solicitor if they have previously represented any party that you will be fighting against. In the case of family law, this typically represents the other half of a marriage or a child’s second custodian. You may, however, ask your solicitor for advice in selecting a strong person to represent you.

Secondly: Choose experience and specialization. Family law encompasses a vast and varied knowledge base. Lawyers will use substantial reference material to help them pursue complex cases, but their overall knowledge and experience with the subject will substantially affect research time and the quality of their results. A lawyer charging an hourly rate which initially seems quite cheap may in fact take many more hours to accomplish the same as a more experienced attorney. Look for experience, specialization and then price, with an aim to balance the three factors.

To get in touch with an excellent family law attorney, seek out your local or regional law society or guiding body. These institutions exist, in one form or another, in most western countries and aim to document and accredit genuinely excellent lawyers. That said, you should be wary of false accreditations and ask any prospective lawyers how you might verify their record.

Ensure that they have a good understanding of the areas of law he may be required to fight, and ask them for an estimation as to the length and complexity of the case they are undertaking.

Living in Canada, whether you want to find a good family attorney in Toronto or York Region, Andrew Feldstein & Associates can help you handle the family problems. It is the largest boutique family law firm in all of York Region and one of the largest in the Greater Toronto Area. The job is to serve you by giving you sound professional advice and by using the aggressiveness, compassion and experience to seek a fair and comprehensive settlement promptly.

Andrew Feldstein & Associates has an enviable record of success in fighting for the clients’ rights in all aspects of family law, including divorces, custody and access, spousal and child support, restraining orders, division of family property. Andrew Feldstein & Associates also negotiates separation agreements on behalf of the clients.

Each of the lawyers working on the Andrew Feldstein & Associates team are assisted by experienced law clerks who take great pride in ensuring that each of the clients receives as much attention, support and assistance as is necessary to satisfy the client. It is the goal of the entire team at Andrew Feldstein & Associates to see that each of the clients’ needs are met in the most professional and helpful manner possible.