Factors to consider when searching for child custody, divorce or child maintenance lawyers?

[caption id="attachment_8801" align="alignleft" width="260"]Child Custody Lawyer, Divorce Lawyer, Cape Town Child Custody Lawyer, Divorce Lawyer, Cape Town[/caption] Not all lawyers are the same. Just as not all doctors are the same. You won’t go to a medical doctor who is a foot specialist (podiatrist) if you have a skin problem. For that, you will see a Dermatologist. This you would do, even if the podiatrist knows a bit about skin illnesses and diseases and is, nonetheless, a medical doctor. The same principles apply to the law and to lawyers. Various lawyers specialise in various fields of law. Some know more, and some know less. You won’t meet with a property lawyer if you have been accused of medical malpractice; or would you? You get the point we are trying to bring across.

Factors to consider when enlisting legal service from a legal practitioner

There are Important factors to consider when employing, or enlisting the services of a lawyer (attorney, advocate, legal consultant, etc.) A few of these factors as follows:

Location of the lawyer

This is not always an issue as the advice can be provided via a video call or telephonically. If it comes to litigation, it may be an issue. If you live in Cape Town and the lawyer in Johannesburg, there would be additional traveling costs to consider.

The Cost or Fee of the Lawyer

Not all legal practitioners charge the same for their services. Depending on the years of experience of the lawyer, he or she would charge a higher or lower fee. The same applies to his or her expertise. If he or she is an expert in a certain field of law, the fee may be higher than a generalist attorney. Therefore, if you do not need expert advice, consult with an advocate or attorney with enough experience to be able to assist you. [caption id="attachment_8800" align="alignleft" width="269"]Advocate, Attorney, Consultant Child Custody Lawyer, Divorce Lawyer, Cape Town[/caption]

Gender of the Attorney or Advocate

There is not much that can be said about this factor. Some people prefer one gender over the other. The bottom line is to be comfortable with the person you are consulting with. Many times, especially in litigation, you may see your lawyer a few times a month for up to two (2) years.

Availability of your lawyer

Some lawyers are extremely busy and in demand. Ensure that the lawyer you are making use of has the time to attend to your matter expeditiously.

Experience of the lawyer

There is no substitute for experience. If your matter is simple, then experience may not be a big issue. If your matter is complicated, more experience is required. Obviously, as outlined above, with experience, there comes a higher price tag.

The language which is spoken by the lawyer

It may be a good idea to make use of a lawyer who speaks your first language. If there is a language barrier, the lawyer may assume certain facts. The same applies to the client.

Don’t speak to me, speak to my lawyer

You often hear the phrase, “do not speak to me, speak to my lawyer.” This phrase although popular may only be useful in certain circumstances. Unless you have many lawyers at your disposal or one that knows it all an is an expert in all areas of law, it won’t always be a good referral. Chanting that phrase may not be a good idea.

Professional services come at a fee

Not everyone can afford the services of a lawyer (attorney or advocate). Legal practitioners are trained professionals, who would charge a fee for their time and services. The same as any professional or business would charge. Luckily the law does not force one to make use of an attorney or advocate when appearing in court or dealing with legal matters. You can represent yourself in a legal matter or conduct your own defense. But please, at no point do we say you should not seek legal advice or assistance. If you can afford it, or have access to it, obtaining sound legal advice and assistance in a matter is invaluable. Now let us move on to apply the aforementioned principles to sourcing a lawyer in relation to children matters. Here we are referring to matters regarding child custody, guardianship, maintenance and so on.

Matters regarding children

When it comes to matters regarding minor children, the same principles as above apply. Maybe more so, as children are represented by adults in litigation. Most of the time it’s their parents, and sometimes, their caregivers. Sound legal advice is therefore paramount. If you have access to or can afford the services of a lawyer, it is important that you make use of an experienced and knowledgeable family law practitioner. There are many subbranches of family law. For example, a divorce lawyer may not deal with issues regarding relocation or passport application consent. Some legal practitioners practice commercial law, criminal law, and others, property law. Although one can always learn the law, making use of a legal practitioner with limited experience in a family law matter could cost you your case.

Where to find a family law practitioner?

The internet is always a good place to start. Many law firms and consultancies have websites showcasing their experience and services. Sometimes you will hear of a law firm on the radio, or on social media. Word of mouth is also a good source. Notwithstanding where you find the details of a legal practitioner, you would like to find out if he or she is the right person for your case.

Questions to ask a lawyer at your first meeting

The most important thing to determine from your lawyer is whether not he or she is capable of handling the matter at hand. If the matter is simple, then an expert in litigation would not be appropriate. However, if your matter calls for a court of law to make a decision on the matter, then a legal practitioner who has sufficient experience in litigation would be appropriate. This would be especially so when dealing with an urgent child custody matter. Therefore, you need to ensure that the lawyer you are consulting with is the type of lawyer you will require.

Practical example on which lawyer to source

Let’s say you are involved in a custody dispute. You and the other parent of the child just separated. The other parent now decides to leave the country with a minor child without your consent. Let’s say, in this case, it is the mother. Only the mother’s name is on the birth certificate. She books the ticket for her and the child and tells the authorities she does not know who the father is. She is therefore set to leave the country the next day. The father hears about this and does not want the child to leave the Republic of South Africa. He has full parental responsibilities and rights as he was actively involved in the child’s life since her birth. In this case, an urgent court application should be made. Here an experienced attorney and advocate should be approached to stop the mother from leaving the country with the minor child. After the lawyers stopped the mother from leaving the country, a few days later, she applies for child maintenance. Both parents are salary earners, and the child’s’ expenses are basic. Under these circumstances, a reasonably experienced legal practitioner would be appropriate. They are many other factors to consider when employing the services of a lawyer. This would depend on the nature of your case. We are certain that you found the above article useful and interesting. Please consider sharing it on the share buttons below. They include Facebook, Twitter, LinkedIn, WhatsApp, Gmail and more. Someone may find it useful as well. Should you require business advice or services, feel free to click on these links: Business SA | Private Legal | Envirolaws              

Factors to consider when searching for child custody, divorce or child maintenance lawyers?

Child Custody Lawyer, Divorce Lawyer, Cape Town
Child Custody Lawyer, Divorce Lawyer, Cape Town

Not all lawyers are the same. Just as not all doctors are the same. You won’t go to a medical doctor who is a foot specialist (podiatrist) if you have a skin problem. For that, you will see a Dermatologist. This you would do, even if the podiatrist knows a bit about skin illnesses and diseases and is, nonetheless, a medical doctor. The same principles apply to the law and to lawyers. Various lawyers specialise in various fields of law. Some know more, and some know less. You won’t meet with a property lawyer if you have been accused of medical malpractice; or would you? You get the point we are trying to bring across.

Factors to consider when enlisting legal service from a legal practitioner

There are Important factors to consider when employing, or enlisting the services of a lawyer (attorney, advocate, legal consultant, etc.) A few of these factors as follows:

Location of the lawyer

This is not always an issue as the advice can be provided via a video call or telephonically. If it comes to litigation, it may be an issue. If you live in Cape Town and the lawyer in Johannesburg, there would be additional traveling costs to consider.

The Cost or Fee of the Lawyer

Not all legal practitioners charge the same for their services. Depending on the years of experience of the lawyer, he or she would charge a higher or lower fee. The same applies to his or her expertise. If he or she is an expert in a certain field of law, the fee may be higher than a generalist attorney. Therefore, if you do not need expert advice, consult with an advocate or attorney with enough experience to be able to assist you.

Advocate, Attorney, Consultant
Child Custody Lawyer, Divorce Lawyer, Cape Town

Gender of the Attorney or Advocate

There is not much that can be said about this factor. Some people prefer one gender over the other. The bottom line is to be comfortable with the person you are consulting with. Many times, especially in litigation, you may see your lawyer a few times a month for up to two (2) years.

Availability of your lawyer

Some lawyers are extremely busy and in demand. Ensure that the lawyer you are making use of has the time to attend to your matter expeditiously.

Experience of the lawyer

There is no substitute for experience. If your matter is simple, then experience may not be a big issue. If your matter is complicated, more experience is required. Obviously, as outlined above, with experience, there comes a higher price tag.

The language which is spoken by the lawyer

It may be a good idea to make use of a lawyer who speaks your first language. If there is a language barrier, the lawyer may assume certain facts. The same applies to the client.

Don’t speak to me, speak to my lawyer

You often hear the phrase, “do not speak to me, speak to my lawyer.” This phrase although popular may only be useful in certain circumstances. Unless you have many lawyers at your disposal or one that knows it all an is an expert in all areas of law, it won’t always be a good referral. Chanting that phrase may not be a good idea.

Professional services come at a fee

Not everyone can afford the services of a lawyer (attorney or advocate). Legal practitioners are trained professionals, who would charge a fee for their time and services. The same as any professional or business would charge. Luckily the law does not force one to make use of an attorney or advocate when appearing in court or dealing with legal matters. You can represent yourself in a legal matter or conduct your own defense. But please, at no point do we say you should not seek legal advice or assistance. If you can afford it, or have access to it, obtaining sound legal advice and assistance in a matter is invaluable.

Now let us move on to apply the aforementioned principles to sourcing a lawyer in relation to children matters. Here we are referring to matters regarding child custody, guardianship, maintenance and so on.

Matters regarding children

When it comes to matters regarding minor children, the same principles as above apply. Maybe more so, as children are represented by adults in litigation. Most of the time it’s their parents, and sometimes, their caregivers. Sound legal advice is therefore paramount.

If you have access to or can afford the services of a lawyer, it is important that you make use of an experienced and knowledgeable family law practitioner. There are many subbranches of family law. For example, a divorce lawyer may not deal with issues regarding relocation or passport application consent. Some legal practitioners practice commercial law, criminal law, and others, property law. Although one can always learn the law, making use of a legal practitioner with limited experience in a family law matter could cost you your case.

Where to find a family law practitioner?

The internet is always a good place to start. Many law firms and consultancies have websites showcasing their experience and services. Sometimes you will hear of a law firm on the radio, or on social media. Word of mouth is also a good source. Notwithstanding where you find the details of a legal practitioner, you would like to find out if he or she is the right person for your case.

Questions to ask a lawyer at your first meeting

The most important thing to determine from your lawyer is whether not he or she is capable of handling the matter at hand. If the matter is simple, then an expert in litigation would not be appropriate. However, if your matter calls for a court of law to make a decision on the matter, then a legal practitioner who has sufficient experience in litigation would be appropriate. This would be especially so when dealing with an urgent child custody matter. Therefore, you need to ensure that the lawyer you are consulting with is the type of lawyer you will require.

Practical example on which lawyer to source

Let’s say you are involved in a custody dispute. You and the other parent of the child just separated. The other parent now decides to leave the country with a minor child without your consent. Let’s say, in this case, it is the mother. Only the mother’s name is on the birth certificate. She books the ticket for her and the child and tells the authorities she does not know who the father is. She is therefore set to leave the country the next day.

The father hears about this and does not want the child to leave the Republic of South Africa. He has full parental responsibilities and rights as he was actively involved in the child’s life since her birth. In this case, an urgent court application should be made. Here an experienced attorney and advocate should be approached to stop the mother from leaving the country with the minor child.

After the lawyers stopped the mother from leaving the country, a few days later, she applies for child maintenance. Both parents are salary earners, and the child’s’ expenses are basic. Under these circumstances, a reasonably experienced legal practitioner would be appropriate. They are many other factors to consider when employing the services of a lawyer. This would depend on the nature of your case.

We are certain that you found the above article useful and interesting. Please consider sharing it on the share buttons below. They include Facebook, Twitter, LinkedIn, WhatsApp, Gmail and more. Someone may find it useful as well.

Should you require business advice or services, feel free to click on these links:

Business SA | Private Legal | Envirolaws

 

 

 

 

 

 

 

Related Post

Fast and Simple Divorce: Best Way How to Achieve a Quick and Professional Separation

Navigating the divorce process can often be complex, as a divorce order involves more than simply ending the marital relationship. In cases where the couple is married in Community of Property, the divorce order also necessitates the equitable division of joint assets, which can range from pension funds, bank accounts to real estate and personal possessions. This aspect alone can become quite intricate, requiring careful consideration of each party’s contributions and entitlements.

Issues involved in a divorce

Moreover, if minor children are part of the equation, the divorce order must comprehensively address several important issues. These issues include guardianship, and decision-making authority, as well as custody arrangements that outline where the children will reside. Additionally, visitation rights need to be established to define how and when the non-custodial parent can spend time with the children. Finally, child maintenance must be determined to ensure that both parents contribute fairly to the children’s upbringing, covering expenses such as schooling, healthcare, and daily living costs. In some cases, spousal maintenance or alimony may also be applicable, depending on the financial circumstances of both parties.

Getting divorced is not straightforward

Given these various considerations, getting divorced is not a straightforward task and requires diligent planning and foresight. Rushing into a divorce without thorough examination of the implications can lead to regrettable outcomes, such as forfeiting valuable assets or failing to secure adequate financial support for oneself or one’s children. It is particularly concerning if a party agrees to unfavorable terms regarding contact rights with their children or maintenance for their shared expenses, all in the pursuit of a quick resolution.

Best Way to Get Divorced Quickly

If you and your spouse are seeking to finalize your divorce as quickly as possible, one of the most effective strategies is to approach a divorce attorney or advocate together. It is essential that both parties participate in the initial meeting with the lawyer to ensure transparency and open communication. Meeting separately or having one spouse relayed information later can lead to misunderstandings and may hinder the process.

Schedule a Joint Consultation

During this joint consultation, both parties have the opportunity to ask questions and present all relevant information regarding the financial aspects of the marriage, including assets, debts, and income, as well as details concerning any minor children. This collaborative approach allows the attorney or advocate to ask pointed questions, gather necessary information from both spouses simultaneously, and clarify any potential issues right away.

Drafting the neccessary Court documents

Once the attorney or advocate has collected all pertinent information and clearly explained the divorce process and its implications, they can swiftly proceed to draft the necessary court documents. This includes preparing the divorce summons and any other required forms to initiate the legal proceedings. The attorney or advocate will then file these documents with the court and arrange for them to be served to the other spouse. Following this, they will apply for a court date to finalize the divorce.

It is best to be proactive

By taking this proactive and collaborative approach, couples can significantly streamline the divorce process, reducing stress and ensuring that all legal requirements are met efficiently and professionally. If you wish to consult with us on your divorce, please complete the form below.    

Child custody for fathers

During our years of experience in dealing with
child custody battles, we have found it common for fathers fighting for child custody and wanting to know more about their legal rights. Unfortunately, a father paying child maintenance will not be guaranteed full child custody of a child. [caption id="attachment_4238" align="alignleft" width="300"] Call us on: 0211110090
Email: [email protected][/caption] For more on father’s rights in child custody, click on the links below and read our free, expert legal advice article on how to go about your legal rights as a father.   Feel free to call our law offices on 021 424 3487, or our national number on 087 701 1124 if you’re residing out of Cape Town. We are conveniently situated in the heart of the buzzing CBD at The Pinnacle, Suit 702, 7th floor, corner of Strand and Burg Street, Cape Town. Make your online appointment with us today.

Child maintenance procedure in South Africa

Find out where about is the closest magistrates’ court in your area and pay them a visit. It is however, important to bring along the necessary documents such as:
  • Birth certificate of your child/children.
  • Your identity document.
  • Proof of residence.
  • A divorce settlement.
  • Proof of your monthly income and expenses.
  • The personal details of the parent required to pay maintenance such as their name, surname physical and work address.
  • Copy of your bank statement.
[caption id="attachment_4241" align="alignleft" width="300"] Call us on 0211110090
Email: [email protected][/caption] When undergoing the process of claiming maintenance, you will have to fill in a detailed form stipulated by the Magistrate’s Court. This form shall request all details regarding your income and expenses. The form will cover essential expenses such as clothing, food, medical expenses and other relevant bills. Lighter expenses such as entertainment, pocket money and so forth, are also included in the “expenses” section. Expenses of parents and the child are however, listed separately. The court however, will take a number of factors into consideration when stipulating the amount of maintenance that should be paid. Both parent’s income will be analyzed and the court’s decision will be based accordingly. Start calculating today and find out how much you should be receiving or claiming with our free child maintenance calculator.

Grounds for custody

It is often assumed that custody rights would automatically be awarded to the mother but this is not always the case. In some circumstances, the mother may be mentally unstable or she may have an addiction – the court will then award custody to the father. The court takes a number of factors into consideration but the child’s well-being will always be of paramount interest in the court of law. [caption id="attachment_4243" align="alignleft" width="300"] Call: 0211110090
Email: [email protected][/caption] Find out more about your legal rights regarding child access/child custody, and call our law offices on 021 424 3487 for an online appointment for a legal consultation today.

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