Divorce Lawyer Edmonton | Children’s Rights in a Divorce
It is important for people who are divorcing, or separating with children hire their own divorce lawyer Edmonton. Because there are many rights that they need to ensure their child is getting.
And whether parents are legally married, and are seeking to get an actual legal divorce. Or if they are not legally married. But they created a child together, and there relationship is ending.
There are laws that govern what their rights are. As well as what their obligations are. Particularly, and especially when it comes to the children in their relationship.
One of the most important rights that the child has. Is that both parents will continue to financially care for their life. This is where child support comes in to the picture says divorce lawyer Edmonton.
And whether parents are legally married or not. The laws will specify that both parents will continue to care financially for their child. And they do this in a very specific way.
The first thing that parents the parent that has parenting time with their child. More than 60% of the time. Will be the parent that receives the child support payments.
Because when they have the child for more time. The courts will see that as having a larger financial burden. To, feed and shelter that child. And that is why the other parent will pay child support.
Even if parent that has more parenting time or money. This is still a requirement for the other parent to pay. Because it is not seen as paying the other parent for their child’s upbringing.
But it is actually considered as a financial obligation being met. By parent that has the child less often. To pay financially contribute to that child’s life. And will be considered a percentage of that parents income.
However, there can be some instances. Where the parent applies to have more child support. Especially if the family when they were living together had more than they have now.
As well as to pay for things like extracurricular activities. Such as music, or sports activities. That the parent may not be able to afford without an increased amount of money.
They can talk to their divorce lawyer Edmonton. To make an application to the court system. To increase the amount of child support. And why, and if the parent does not agree.
They can ask a judge to rule on this. And based on the judge’s answer, the other parent may have to pay more child support. Unless they can prove that it would be to larger financial burden for them to bear.
By understanding what their rights and obligations are under the laws in Alberta. Help both parents understand what they need to do. Whether they are divorcing, or separating.
If parents have any questions regarding what they need to do. They can contact their divorce lawyer, or read up on the divorce act, or the family Law act for free online. Answer any questions they may have about what they legally must do.
Divorce Lawyer Edmonton | What Are Children’s Rights in a Divorce
It is very important that both parents are upholding the rights that their children have says divorce lawyer Edmonton. Whether the parents are separating, or legally divorcing.
And the first decisions that both parents must come to an agreement. Is whether they have joint custody, or if one parent will have sole custody.
And typically, the courts will want to see both parents being as involved in their child’s life as possible Therefore, it is very rare that they will award sole custody. Unless there is significant reason to award sole custody instead.
And while many parents and to think that custody refers to who has access to the child more often. What custody actually refers to set divorce lawyer. Is the decision making ability in that child’s life.
And the decisions that custody will allow parents to make on behalf of that child. Include where they will live, who they will associate with. As well as where they go to school, and what their religious or cultural upbringing will be.
And when they have joint custody. Parents will make this decision together. However, smaller decisions are going to fall to each parent, as they have their own parenting time child.
And what that means a says divorce lawyer Edmonton. Is that parents will get to make their own decisions. Regarding things like when there child’s bedtime is, when homework must get done.
And that even if one parent has sole custody. That does not mean that they can force the other parent to have the rules that they want. Such as when bedtime is, or when curfew is for example.
Each parent will be able to have their own rules in their own home. As long as they are not endangering their child. Even when one parent has sole custody of the child.
By understanding this says divorce lawyer. Can help both parents live as peacefully as possible. Even though the other parent might have rules that they disagree with.
Another thing that parents need to do. They are separating or splitting up. And there are children in their relationship. Is keep in mind that the other parent will be part of that child’s life.
Divorce lawyer Edmonton says even if one parent has sole custody. They are not going to be able to move that child permanently out of the province. Note of written consent of the other.
That means if parents either alone, or with their divorce lawyer. Cannot come to an agreement. Whether take the child out of the province to live.
They may apply in the courts two for a mobility application. Trying to convince a judge and to allow them to move with the child. And the judge will make the decision that they feel is in best interest of that child.
Including what kind of connection the child has with the parent that is staying behind. And whether they are going to agree to let the parent move them.
There may be a lot of things that parents do not realize they need to know. It comes to their children, when their relationship ends. The hiring a divorce lawyer. They are going to get the facts that they need. To make the right decisions.