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Family law is relevant if you are getting a divorce or looking to deal with legal issues on family related issues including child custody, adoption and family dispute resolution. You may also consult a family lawyer on issues regarding pre- and post-nuptial agreements, civil union, same-sex marriage and family mediation.
Claire and Lawrence have a child named Clarence, aged seven. The two have lived in separate houses for the past five years and are seeking divorce. Clarence grew up most of his life under his mother’s care. His mother struggled to make ends meet by taking up various temporary, low-paying jobs, while his father had a six-figure salary but had anger management problems and rarely came home before midnight. When talking with a lawyer, Clarence said “I don’t want to leave Mommy.”
Child custody is the relevant issue in this case. As a general rule, the court is primarily concerned with the best interests of the child. Thus, it recommends that the child be able to regularly visit both parents after divorce (joint custody), but if this is not possible, the court takes into account various factors in finding a solution that incurs the least emotional damage on the child. These factors include the preservation of the status quo, physical and mental health of the parents and child, the child’s own wishes, and the character and capability of each parent. The parent with custody may also claim financial support for child maintenance until the child reaches 18 years of age.
Disclaimer: The article is for reference only and should not be construed or relied on as legal advice in whatsoever manner. Please engage a solicitor to seek formal legal advice. LegalClarus does not provide legal advice.