Child custody comes with great responsibilities. Raising a child is not easy; he needs to be sent to school, given a good parenting and saved from all types of abuses. Parents who receive child custody, often face difficulties raising the child, especially when they run short of money. Many of them stoop to the lowest and start blackmailing their previous partners.
If you are one such hapless partner and on the brink of believing life is unfair, then there's good news for you. You can take help from an established lawyer and expose the custody holder. There are many efficient lawyers, who have quite a bit of understanding of the custody law. They might offer you help.
Even if you are not being blackmailed, it is still your duty to look after the well-being of the child because he is your child too. If the custody holder is not taking care of the child and the child is feeling neglected, it's up to you to file a lawsuit against him/her so s/he gets exposed and the custody of the child is given to you.
Once a qualified lawyer is hired, he will consider the following
Current financial ability of the custody holder
The parent may have been financially well-off when s/he was handed the custody, but not anymore. Financial ability of the parent is a major consideration for the family court. Someone who is financially not stable, can't afford a child. Now if the present custody holder of the child is facing financial difficulty, then your lawyer would, at the very beginning, amass evidences of that. Then he'd produce evidences to the court to convince the jurors that the child is at the receiving end of the financial problems faced by its custody holder.
How the child is being treated
A child is helpless and he silently pleads his parents to take care of him. A parent who is sensible enough, understands this; but parents who are imprudent, fail to take a good care of their children. If the present custody holder of your child falls into the latter category, then the child would bound to be treated badly. All your lawyer needs to do is gather evidences that conclusively prove the child is not receiving proper treatment. Once the court goes through these evidences, the verdict may be delivered in your favor.
This is pivotal if you have decided to take the present custody holder of the child to court. If the custody was delivered by the court in the past, then the judgments associated with it might play a crucial role in determining the merit of the present case. Did you fight with the present custody holder? Was the judge convinced that you wouldn't be able to take good care of the child? If the previous judgments went against you, then your decision to take the present custody holder to court may backfire as you may not get the custody.
Details about the custody holder
If the custody holder is not spending sufficient money for the welfare of the child, then your lawyer may able to prove the child is not being taken proper care of. Parents sometimes spend extravagantly while their children don't receive even the most basic form of care. Unless details about the custody holder are obtained, it's not possible to tell whether or not s/he is relinquishing the responsibilities. An experienced lawyer knows how to gather such details and produce them to court.
Parents who care about their children, open custodial accounts. A custodial account is easy to set up. After opening the account, a parent pours money into the account as gifts for the minor and the account doesn't come under the gift taxation. Custodial assets are supposed to be used "for the use and benefit of the minor". Custodians are not allowed to spend money from that account for any purpose other than the interests of the children.
If the custody holder of the child has opened a custodial account but drawing money from that account for his own purpose, then what he's simply not paying tax. Your lawyer needs to do a probe upon finding a custodial account has been opened for the child.
To find an efficient custody lawyer, you may have to do some research. Take help from the internet and ask your friends too if they could give you some inputs.
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