How to Get Child Custody

Divorces and separations often negatively affect children, who find themselves caught in the middle in most instances. In most cases, both parents have the right to raise their children and to make decisions that affect the lives of their children; however, the courts focus on the most important thing, which is the best interest of the children. One or both of the spouses may petition the courts to make an order concerning the custody of, or access to, the children.

Child Custody Lawyers

Due to the complexity of the Canadian divorce and child custody laws, each party should seek the services of a competent and experienced lawyer. In the more amicable separations, both parents may agree on joint custody; however, it is still important for the couple to employ the services of a lawyer to draft a legally binding separation agreement detailing the terms of separation and child custody.

In other more difficult situations, parents may battle for sole custody due to a number of reasons. Some of these reasons may include:

• When one parent is leaving the city or country permanently
• Where one parent is unable to parent
• Where one parent has always neglected the child

In such situations, either parent may apply for custody or access to the courts in the town or city where the child resides. It is important to remember that the court can change orders about access or custody when the situation of either parent changes.

A parent with custody rights, the custodial parent, has the legal right and responsibility to make all the important decisions concerning the life of the child, including schools, religion, medical decisions and much more. When it comes to access, a non-custodial or access parent has the right to spend time or visit the child, and to know about the child’s welfare and education. The court usually grants access since a child deserves the right to spend time and have contact with both parents.

Sole Custody

A parent with sole custody makes all the major decisions by himself or herself. The other parent has the right to know but cannot dictate or tell the custodial parent what to do. The child resides permanently with the custodial parent, and the other parent may have visitation rights.

Joint Custody

In this arrangement, both parents have custody. The courts award this type of custody when both parents are willing to cooperate on parenting matters. The access or residency arrangements for the child may vary according to the terms of the agreement, and both parents have the right to make important decisions regarding the child’s welfare.

Shared Custody

In this type of custody arrangement, both parents have joint custody and can spend at least 40 percent of the time with their children. Another name for this type of arrangement is joint physical custody.

Split Custody

In this arrangement, one parent takes custody of one or some of the children, while the other parent takes custody of the remaining kids. Typically, courts never separate young kids from their siblings; however, older siblings may opt to live with different parents.

When deciding child custody in Canada, the courts consider the welfare of the children, the parent–child bonding and relationship, the parenting capabilities of each parent, the mental, emotional and physical health of each parent, each parent’s schedule, each parent’s support systems, siblings, care arrangements before separation, and the children’s wishes.

Parents seeking child custody or support must file an affidavit detailing their concerns and how they are best placed to provide the most stable and loving environment for their children. A child custody lawyer is crucial in guiding a parent in filing the affidavit and dealing with all the requisite documentation. The Family Lawyer then files a Continuing Record with the courts, and a copy served to the spouse. The record contains the application, affidavit along with the index, financial statement, endorsement records, and other supporting documents.

Interested in family law matters? Our team of divorce lawyers is ready to help you and your case.