When parents or partners get separated or divorced, the most affected party involved among them is no doubt their children. They are by far the most vulnerable family members during such delicate family legal matters. Therefore, it’s vital to protect their legal rights by all means.
As per Canadian family law, both parents are fully responsible for the safety and wellbeing of their children. In order to resolve your child custody issues, it’s essential to seek the expert legal counsel of a family law lawyer who can assist you in attaining a fair and just child custody agreement to protect your kid’s rights.
What Is Child Custody?
Child custody refers to the child’s care, control, and maintenance. Usually, the biological parents possess the legal right to determine their child’s wellbeing without question, like their residence, religious upbringing, education, and more. Typically, parents do not have to obtain this legal right, mainly if they are married and listed on their kid’s birth certificate.
Suppose the parents disagree who will make such decisions or the authorities determine that the parents are unfit to make these decisions for their children. In that case, family courts, like the provincial court or the Queen’s Bench, will work with the legal representation of the parents closely to decide necessary child custody arrangements.
Types Of Child Custody
There are many different child custody types in Canadian family law, including:
- Full Custody
- Joint Custody
- Shared Custody
- Split Custody
Full or sole custody is a child custody type in which one partner demands that the other partner should grant them full or sole custody of their children. If a parent has complete control over their child’s possession, the kid lives with that person permanently.
They also have the legal right to make all necessary decisions about the child, irrespective of whether or not the other parent agrees with them. The other parent may still possess access rights, which is also at the discretion of the parent with sole custody.
Joint custody refers to a 50/50 custody control of the parents over their children. It is a relatively common child custody arrangement where parents share equal responsibility for their child’s welfare. They must work together to agree on their child’s schedules, decisions, and other shared duties. Typically, parents have a rotating visiting schedule where the child shares equal time between the two parents.
Shared custody means parents have to care for and house their kids for nearly equal time periods. They may choose to share vital responsibilities; however, in shared decision-making, parents will need to agree on a visitation schedule.
If the parents cannot agree, the judge will have to determine a suitable visitation schedule for the parents and their parental rights.
Shared custody is generally preferred over joint custody, in case:
- One parent is far from home for extended time periods
- One parent is financially less stable than the other
- One parent is injured, sick, or unable to care for their kids
Split custody is a type of child custody arrangement where both parents have split child custody and access. This means that if a couple has two kids, both parents can have custody of one child each. A Child can either live with either parent permanently or have a residence with either parent on a rotational basis.
Both parents need to agree on split child custody after proving to the court of law that the split custody arrangement is in their children’s best interests.
To settle your child’s custody problems, you must seek legal counsel from a family law lawyer to help you reach a fair and just agreement for your child’s best interests.
Peak Callihoo Bergsma & Associates is a specialized family law firm that provides parents with the most appropriate arrangement regarding their child custody access throughout Edmonton and its surrounding areas.