Child custody becomes a major conflict when solving a divorce case. In Canada, the court will often try to figure out to whom the child is more attached. To give custody according to child interest. Still, there are many factors involved in making the right decision about child custody.
The decision is often made by both parents with mutual understanding, as this is the best case to minimize conflict. Therefore, a legal agreement of child custody is signed by both parents to legally record their decision.
In some cases, parents want to take sole custody of the child, which increases the complication of the case. This is when the court has to give the decision by analyzing some aspects of both parents.
Factors To Consider For Child Custody
The court considers various factors when identifying both parents, one such factor is who is more eligible to take child custody. Firstly, child attachment and interest are considered. Secondly, the court will determine the ability of both members to handle parenting responsibilities. Last but not least the source of income and job routine of both parents is considered.
Along with that, your family lawyer will consider the mental and physical condition of both parents, as the court gives child custody to the healthiest member. Moreover, the court considers who was the child’s caretaker before the separation.
According to the Law of Canada, it is preferred to keep all siblings together. To make a close bond between all children. The siblings are separated only if there is no other choice left. Hence it is considered that child custody should be given to the parent who is able to take responsibility for all the children.
Also Read: Top 5 Child Custody Questions
Types Of Child Custody In Canada
In joint custody, both parents take responsibility for the child, and both are allowed to be involved in decision-making practices for the child. To take joint custody both parents should be able to collaborate with each other. In this approach, both parents are equally responsible for making any decisions about the child.
In the case of a conflict between both parties, the issue is handled by the parenting coordinator. Sometimes, both parents will fail to agree on one decision and it becomes inevitable to involve a legal coordinator in the matter to get a legal decision. Therefore, the coordinator will solve the issue and give the most appropriate decision.
According to the Law of Canada, joint custody is further divided into physical custody and legal custody. In physical custody, both parents can spend time with the child, whereas, in legal custody, both parents can be involved in the child’s decision-making. Hence, joint physical custody is also termed as shared custody.
While filing for a divorce, a parent might prefer to take sole custody. By taking sole custody, a parent is allowed to make all decisions about the child. The parent with sole custody is not answerable to the other parent but, the other parent should be given information about the child’s health, education, and other matters of the child’s life.
Sole custody is usually awarded if the other parent is not able to take responsibility for the child or if involved in unethical activities such as drug addiction, abusiveness, street crimes etc.
In the case of more than one child, the court can split the custody of the children between both parents. One parent gets custody of some children, and the other parent gets custody of some of the other children. However, both parents are allowed to meet and take information about the well-being of the other children. siblings are also allowed to meet each other. In this case, both parents take on children’s responsibilities, but the court prefers to keep young siblings together so that they can grow up in the same environment and have a strong bond with each other.
In Canada, the most common type of custody awarded by the court is joint custody, because the court prefers to involve both parents in the upbringing of the child.
About Peak Family Law
Peak Family Law provides the most reliable family law services in Edmonton. We can solve your family law issues according to the Law of Canada. Our professional legal advisors can provide the best advice to solve your issue. We try to make settlements in a professional way to maintain good decorum.
If you are involved in a family law dispute and want to get assistance from a good family lawyer, then please contact us. We will try to solve your issue as soon as we can.