Divorce is a tiring and stressful time in one’s life, that can become more difficult if you have children. When a couple has children together they both want to spend the most time with their children as possible after the divorce. So, each of them wants to get custody of their children, this starts a legal battle between the couple which prolongs the divorce process.
If you are amidst a divorce chaos and have children you may have many questions related to child custody. Child custody and divorce both are difficult and tiring processes so it is best that you hire a professional child custody lawyer to help you get through this process smoothly.
In this blog post, we will answer the top 5 questions related to child custody to help you better understand what to expect and what actions to take to get an outcome that serves your best interests.
Here are the top 5 questions related to child custody.
What Is The Difference Between Legal and Physical Custody?
You may have heard about the terms legal and physical custody but might not know the difference between the two. Legal custody is mostly shared by both parents. It is a type of custody in which the parents have the ability to make decisions on the behalf of their children.
Legal custody involves being able to make decisions based on the children’s education, health, religious training, extracurricular activities, and their upbringing. Whereas physical custody refers to where the child will live. The parent that has physical custody can also have legal custody but it is possible that the one that has legal custody may not have physical custody.
Both these custody can be shared between both parents, whereas it is possible that only one parent gets full custody. So, it is important that you understand your children’s needs as well as your needs before choosing the best custody option.
Do Child Custody Laws Vary In Each Province?
The laws of child custody are different in every province. Hence, if you are planning to file for child custody or want to defend his or her claim to child custody, then you need to become familiar with the child custody laws of the province you live in. By being aware of the province’s child custody laws you will know what to do and what not to in your child’s custody case.
Does An Unmarried Mother Need To File For Custody?
This depends on your province’s laws. Some provinces will allow unmarried mothers to file for custody while some provinces have laws that state that unmarried mothers can have custody of their children. So if you are an unmarried mother you will have to read up on the laws of the province in which your child resides and then proceed according to the provinces laws.
How Is Custody Determined?
The main goal with regard to child custody cases of family law courts is to make a decision that is in the best interest of the children. There are many factors that go into a court’s decision regarding which parent should be given child custody.
Some of these factors include the parent’s ability and wishes to provide for the child, the parent’s ability to serve as a caretaker, the financial status of the parents, the parent’s employment situation, and the child’s preference.
All of these factors are bought into consideration by the family law courts before determining the child’s custody. The court will usually allow equal time to both parents unless there is any type of abuse involved.
Do You Need A Child Custody Lawyer?
Many people believe that they can fight their child custody issues but in reality, child custody cases are very complex and difficult. Therefore, it is advised that you hire a professional child custody lawyer who can help you get through the tiring process of child custody easily.
About Peak Family Law
Peak Family Law is a premier family law firm that assists families with the successful settlement of different family matters in Edmonton and its surrounding areas. We treat our clients with empathy and dignity. We help them get through difficult times by providing the best legal advice and assistance. Contact us for more information.