How Can I Win Back Legal Custody?
After divorce or separation, you and your ex-spouse could have come up with perfect decisions based on how you will manage your child's life. This is the default preference for Canadian family court, to have parents share legal custody. However, as time goes by, one parent might find it a battle to stick with the agreement they made.
Even if both parents had agreed, one parent may bring up a conflict and make life miserable. One main question asked by those who lose child custody is whether one can win back legal custody.
Understanding Legal Custody
Legal custody is when parents have the right and obligation to make decisions concerning their children’s upbringing. With legal custody, you can make all important decisions about the school your kids will attend, where to get medical care, among other vital decisions. Separation or divorce is not easy, and a parent may find himself/herself unable to cope and after few months, turn into drug abuse or become violent. This then makes it hard to cope up with any agreement they had both made. For this reason, such a parent may be denied legal custody. The judge may also be interested to deny legal custody to one parent if:
- · The parent has moved to another state without communicating
- · Has become abusive
- · Doesn’t seem to care about the child’s daily life. Such as taking the kids to school or giving them the medical care they need.
When the judge finds that both parents cannot follow the agreement they made, the only solution is to give sole legal custody to one parent. It’s not easy to lose legal custody of your child. But still, if you come to terms with your mistakes, you may cope with the issue and do your best to win back your legal custody.
How To Win Back Your Legal Custody
Rather than trying to show or act as if you don’t feel anything after losing your legal custody, you may need to show the court that you are making all efforts toward regaining back the custody. One way is to have a lawyer represent you to convince the judge about what you have which is in line with your child's best interest. It’s not easy to be denied legal custody when once you enjoyed it.
You may be forced to contact divorce lawyer in Toronto to advise you on how to go about the matter. Your lawyer can help you develop a strong case that the court will automatically accept. Every court would want a child’s life decisions to be made by both parents in case of separation or divorce unless they find it unfit. However, you will have the chance to prove otherwise if:
- You have attended parenting classes,
- Have undergone drug treatment and addiction classes
- Your current financial situation has changed.
- You can also show that:
- You have more time to spend with your children.
· Prove to the court that you went for an evaluation by a child psychologist, and as such, you may be required to have an expert witness to prove that your interaction with children has changed. An expert opinion may mean a lot to the court.
· After requesting the change, you should ensure to following the current order. Also, you should make sure to attend the court hearing as requested. If anything, make sure you give the court the benefit of the doubt and show them there is no point of error once you get back the custody.
Anything you do should support your need to win your legal custody back. If your legal custody is denied, you can still try to change your way of doing things and try again in the future. It may not be easy, but there are high chances you can regain your legal custody back. The key thing is to first work on it yourself. Whether it means getting your finances in order, taking care of your mental health, or learning how to handle child custody can go a long way to having your request to regain legal custody approved.
Talk With An Experienced Family Lawyer
If you have been involved in drug abuse or conflict with your partner that has resulted in you losing your legal child custody, you don’t have to lose hope. Again, you could be overwhelmed with anger that ended up driving you to be involved in a dispute with your ex-spouse, and the family court decided to deny you custody. The family court's decision, which is based on your child's well-being, maybe final, but there is a way you can prove that things have changed given a second chance.
While winning legal custody after losing it may seem impossible, your family lawyer can help you make the right decisions that the court will consider for a change.