One of the most challenging issues in a separation or divorce is child custody. Parents have equal rights when it comes to parenting time and decision-making responsibilities. But compromise is inevitable.
Courts in Canada invariably consider the best interests of the child. But, it is up to the child custody lawyer to make the best case for the client to ensure a favorable outcome. Thus, it is essential to go for the best lawyer to represent you in child custody matters. Here is what you absolutely must know about a child custody lawyer.
Child custody issues fall under various laws in Canada. Your case may be under the jurisdiction of the federal Divorce Act or provincial custody laws. But, there are cases when neither the federal nor provincial laws have provisions that address special circumstances. In those cases, the court has parens patriae jurisdiction. This Latin term means the judge can appoint separate counsel for the child.
It is incumbent upon a parent to choose a lawyer who has a thorough and deep understanding of child custody laws under all possible scenarios. If you are in Ontario, not only should the lawyer be well-versed in the Divorce Act but also the Children’s Law Reform Act. It is not enough to go for a lawyer with long experience in the law. The lawyer should be an expert on family law, and particularly child custody cases.
Given that the lawyer you choose has years of experience in child custody cases, the next thing you need to know is their success rate. How many cases has this particular lawyer brought to court as a ratio of the total number of cases handled? How many resulted in a win? How many were settled out of court? These statistics will help you decide if you have a winner on your hands or you are only wasting your time and money.
It can be challenging to determine between a win and a loss in child custody cases. For example, is a settled case a win or a loss? Is it a win when a case drags on for years in court?
Generally, lawyers who spend a lot of time in court know how to handle a judge and jury. But, a child custody lawyer that succeeds in getting a settlement most of the time may indicate excellent negotiating skills.
It all depends on the circumstances, which is why you need to ask the lawyer for specifics. Don’t rely on vague statements. You have the right to know the chances of your success when engaging a lawyer.
Your best bet for finding an excellent child custody lawyer is to choose one from a law firm with a stellar reputation in family law. Gelman & Associates Family Law Lawyers are well known for their experience and success in child custody cases in Ontario. The firm has won many awards for the quality and value of the service. Also, they have offices located in Aurora, Barrie, and Downtown Toronto. They are also in Mississauga, North York, and Scarborough.
The lawyers of Lisa Gelman are famous for their compassion and understanding. If you need someone to protect your rights and the best interests of your child, make Gelman Law your first choice.