Cairns Divorce Lawyers | Family Lawyers

Joint Custody: What Is It And How Do I Get It?

family lawyers cairns | Preston Law

What is joint custody?

In family law,  “joint custody” is awarded when both parents have equal shared parental responsibilities or in simple terms, shared or joint custody rights.  In simple terms, this means both parents must agree on decisions relating to the child's upbringing.  This includes things like which school the child attends, what religion (if any) the child is raised in, sports they play, and so on.  “Joint custody” does not necessarily mean that the child spends equal time with each parent. The primary concern of the Court is the best interests of the child.

How can I get joint custody?

The first step in getting joint custody of your child is to speak to a family lawyer.  Contact us at Cairns Divorce Lawyers.  Our knowledge and expertise in family law will allow us to provide legal advice and support to you.  We will guide you through the steps involved in getting joint custody of your child.

  1. The next step is to attempt to communicate with the other party to come up with an agreeable solution.
  2. If you can't agree, the next step is to to participate in pre-action procedures, including attending a Family Dispute Resolution Conference. Resolving issues this way is less formal than going to court and should cost less in money, time and emotion.  If there is a history of abuse or domestic violence, then this may not be an option.
  3. The last option is to go to court. If there is any chance of a peaceful resolution outside of court, take it.  Going to court should be your last option as it can be a costly, lengthy experience. However in some situations, court proceedings are unavoidable. 

The courts decision

When considering joint custody of a child, the primary concern of the Court, is the best interests of the child. The court looks to maintain the child’s relationship with both parents where possible, but it’s main focus is on the safety of the child, both physically and mentally.  In coming to a decision, the Court will take a number of factors into their consideration.

  1. Benefit to a child of a meaningful relationship with both parents.
  2. Need to protect the child from abuse, neglect or family violence.

Cairns Divorce Lawyers

  • We are a practice group of Cairns-based firm Preston Law
  • We are experts in family law and have been helping the people of Far North Queensland for many years.
  • We’ll guide you through your options for child support and custody, and help you reach a positive outcome for you and your children.
  • We understand that separation can be expensive, which is why we offer a “pay on settlement” option so you don’t have to worry about legal fees right now
  • Your initial, confidential meeting with us will help you start making decisions to protect your property and other assets, and to limit the impact of changes on your family. There is no obligation - if you decide not to proceed with us, you pay nothing.

Cairns Divorce Lawyers

1/15 Spence St, Cairns City QLD 4870

4052 0700

 

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