Divorce can get messy and emotive especially when children are involved. Despite your best efforts, you and your spouse may fail to reach an agreement and work out a child custody plan. You may have hard stands when it comes to your kids. In most cases, it is not easy for one person to back out. Custodial interference may also complicate the entire process. When dealing with all this, it is best to enlist the services of a child custody attorney. While it is not mandatory in Canada, there are several instances when it is in your best interest to seek legal aid.
When there is imminent or potential danger to your child
If you feel that your child is in danger, then it is important to consult with a child custody attorney. At first, you may need to obtain a restraining order while the matter is being looked into. You should act speedily so that your child is not in harm’s way. Due to the emotions involved, you need to work with a lawyer who will remain objective and stop you from doing anything that could jeopardize your case.
When your case is complicated
Child custody issues can be complicated right from the onset or complications may arise along the way. Complicated instances may include interstate custody arrangements. In such matters, the courts or the mediation team will seek to establish what is in the best interests of the child. Here, you will need a lawyer to articulate what you feel is best for the child. Along the way, your partner could also have a change of mind and decide that they want full custody. They could also try to paint you in a negative light to demonstrate that you are not fit to take care of your child. These complications necessitate the need for a legal expert.
When there is a child custody violation
If a child custody agreement is arrived at, whether through mediation or a court process, then each member is obligated by law to honor the arrangement. If one of the parties violates this, then they are answerable. If visits are denied or canceled due to no good reason, then you should consider bringing a lawyer on board.
If you have a DUI/DWI charge
A DUI charge on your record can hurt your custody case. This is why you should first seek the expertise of a lawyer who understands DUI law in Canada. He can help you negotiate for a plea bargain. If the courts direct that you should take rehabilitation, anger management or parenting classes, then you can benefit greatly from the services of a lawyer. In the eyes of the law, you are already at a disadvantage, and you will need to prove that you have changed. To demonstrate this, you will need a lawyer who can show the courts that the rehabilitation has had a positive impact in your life. The lawyer must also show that you are now fit for parenting. This needs an experienced lawyer who will put up a good case that paints you in the best light.
As evidenced, even the most straightforward child custody cases can develop complications along the way. Given that the stakes are high, it is best to work with a lawyer.