Divorce Lawyer Edmonton | Common Family Law Questions
Often, people who are divorcing are doing this for the first time in their life says divorce lawyer Edmonton. Which has them needing to ask a lot of questions. Because they have never been through the scenario before.
One of the first questions that they often ask, especially when there are children involved. Is what is the difference between joint custody and sole custody? There are a lot of questions regarding custody.
And often, parents end up fighting for a long time on who will get sole custody. Without even understanding exactly what this is referring to. Many people assume custody means who has the children physically.
However, this is not true, all it refers to. Is the authority to make decisions about the child’s life. Therefore, the parent that has custody, will be able to make these decisions.
And while people might think that includes things like their bedtime, or what extracurricular activities they are going to be put in. The decisions are much larger than that.
And custody refers to the ability to decide where that child goes to school, where they live. And even their cultural or religious upbringing. Instead of the smaller decisions like diet or clothing.
And while the court system will typically try to encourage both parents to have joint custody. Only the parents know what is in the best interest of their child.
And if they have joint custody, they must be willing to communicate with each other. If parents think that this might be a challenge, divorce lawyer Edmonton suggests this tip.
Starting out by putting all communication in writing. That way it can be a lot easier to take emotion out of the communication. But also, so that communication must be a lot more thought out.
Also, if parents are very frustrated, because one person is being uncommunicative, uncooperative. Or if they are just being unresponsive, they will have a paper trail to prove this in court.
The next thing that they will need to decide, is when each of the parents will have their parental time with the children. This is what most people think of when they hear the word custody.
However, parental time actually has nothing to do with custody. And even if one parent has sole custody. That does not mean that the other parent will not have time with their children.
Common scenarios include parents that have their children one week, and then switch off for the next week. So that they have the similar amount of time as each other with their children says divorce lawyer Edmonton.
Or, there is the parent that has their children every day during the week. And then the other parent takes the children on the weekend. And ultimately, as long as parents can come to an agreement.
There is no right or wrong way to specify parental time. And the court system in Alberta will tend to favor whatever arrangement that allows both parents to see the child as often as possible.
Divorce Lawyer Edmonton | Common Family Law Questions In Alberta
When people are navigating a divorce or separation, they often require a divorce lawyer Edmonton. Because they have never had to deal with many of these scenarios before.
And when it comes to children involved. There are not only rights of the parents. Such as visitation and custody. But the children have rights as well.
Here are the most common questions divorce lower Edmonton gets. When people are divorcing, or separating and children are involved.
What happens if my ex-spouse will not let me see my children? Ultimately, many people think that they are able to withhold child support if their spouse is withholding visitation.
This is not allowed. In the first thing that parents need to understand. Is that if they are keeping their child from seeing their spouse. That can be taken to court, and dealt with.
However, not paying child support is looked at just as seriously. And if they go to court, and one spouse says that they have been withholding child support. That can end up causing problems for that parent.
The court actually views child support and visitation absolutely separately. And if one parent has some substantiated reason why they do not want their spouse to have visitation.
That needs to be documented, and a significant amount of proof needs to be present. But if that is the case, they can go to court, and have visitation reduced, or supervised.
However, the law does not support any parent keeping a child from their parent. Just as much as it does not support a parent withholding child support. So parents need to govern themselves accordingly.
Another question that parents often have. What does the courts look for when considering parenting time? The primary principle that the courts look for. Is what is in the best interest of the child?
Therefore, they typically take maximum contact into consideration. Which refers to how much time each parent can spend with their child. With the longer run of time, being in the child’s best interest.
And when it comes to parenting time. There are many different scenarios that can work. And it is best when parents can come to an agreement regarding this scenario says divorce lawyer Edmonton.
Whether that means parents are having their children one week on and one week off. Or one. Get children during the week, and the other through the weekend.
While the court wants to have both parents have as much time with the child as possible. If they cannot come to an agreement, a judge will have to make a decision.
And when the judge has to decide which parent gets access to the children at specific times. It is likely not going to be the best, or most convenient for the family.
It is always in the best interest of the child for parents to cooperate. And then have as much time with the children as possible. So this should be the goal, of all involved.
However, if parents would like help, they can hire divorce lawyer Edmonton. Who not only can help them make the best decision. Can help them avoid making decisions that could be problematic as well.