What Does Child Custody Mean?
If you have one or more children and you are facing a divorce, you know by now there are far more important decisions to be made than how to divide up personal belongings. You may also be realizing there is much more to learn than you ever imagined – and probably more than you ever wished to know. While your family goes through this difficult time, trust that you will all make it through this process. It is our goal to assist you and make this transition as smooth as possible.
What is Child Custody?
Child custody is the legal and practical relationship between parent and child, involving the right of the parent to make decisions for the child, and the duty of a parent to care for the child.
Joint Custody or Shared Custody
Joint custody is the term used when parents and children live together and both parents are equally involved in the upbringing and day-to-day decisions for the child. In the case of dissolution of marriage, joint custody may be awarded to both parents. This means both parents are equally responsible for the care of the child. Both parents are considered “custodial” parents. Joint custody is sometimes referred to as shared custody. It gives both parents equal authority over the child, who lives for a period of time with one parent and then spends a similar amount of time living with the other parent.
Alternating Custody
Similar to joint custody, alternating custody gives the authority over the child to the parent with whom the child is currently living.
Sole Custody
When one parent is given all authority over the child, it is called sole custody.
To make matters a little more complicated, it is worth mentioning that the verbiage has changed in many cases having “custody” of or “access” to a child, has been rephrased so that a child is now said to “reside” or have “contact” with a parent. The old wording sometimes implies ownership of the child, rather than acknowledging that the child is a person with rights equal to and as important as those given to adults.
As the process moves on, there may be disagreement between parents as to the custody of the child or children. This can sometimes be worked out through discussion, or it may require a mediator. A mediator or social worker can often help you get to an agreement because he or she is tasked with looking out for the good of the child or children, and there are less emotions involved.
Each family situation is completely unique. We understand some of the difficulties your family may be encountering at this difficult time. Please know that Fine & Associates Toronto Divorce lawyers will work with you for any family law issues, in the best interest of your children.