Divorce Lawyer Edmonton | Determining Custody In A Divorce
While most parents do not want to have to consider custody in a divorce says divorce lawyer Edmonton. If they end up separating or divorcing and children are involved. This is going to be a requirement.
However, many parents misunderstand exactly what custody is referring to. And can often end up fighting over joint or sole custody. Without truly understanding what this means.
Many parents believe that custody refers to who has visitation of the child. With a parent who has sole custody, will have sole visitation rights to that child this is not true at all.
Custody simply refers to the ability to make decisions for the child. Such as where they will live, their cultural upbringing. And where they will go to school, or who they can associate with.
Smaller parental decisions such as bedtime, extracurricular activities. And things like the food that they will eat. Will be dependent on who has parental time.
Therefore, when parents are discussing who has custody. They are deciding which parent will be in charge of making these large decisions for the child.
Ultimately, the court system wants to see both parents as involved in the children’s life as possible., And so they favour scenarios where both parents have joint custody.
However, some parents will have reasons to want sole custody. However, divorce lawyer Edmonton says it is very important for parents to understand.
That if they have sole custody of their children. This does not mean that they can dictate the smaller decisions such as diet and bedtime to their ex-spouse.
Therefore, parents should not and up arguing so much over custody, because as long as they can communicate. They should both be able to make decisions about their child’s upbringing together.
However, because parents are often already not getting along when they separate or divorce. Trying to cooperate on decisions regarding the children can be difficult.
This is why divorce lawyer Edmonton recommends parents communicate in writing. Whether that is through text messages, or emails. Or through an app designed specifically for parents discussing their children.
This app is called family Wizard, and can help both parents communicate effectively in writing. And, if a parent is uncooperative or unresponsive. They will have that proof in writing.
However, if they are not able to work together. They must go through several different stages. Before they can get there case heard by a judge.
One of the first things that will be recommended is to try mediation. Which will require both parties sitting down with an impartial lawyer. In order to try and come to an agreement.
If mediation does not work, parents can also try something called a J D R. Which is a judicial dispute resolution. They will sit down with a judge, and here how the court case is likely to go.
This often can encourage parents to get back to the drawing board in order to work things out. Because they often do not want to have a judge, who is complete stranger making important parenting decisions for them.
Divorce Lawyer Edmonton | Determining Who Gets Custody In A Divorce
It is very important for people who are divorcing to understand says divorce lawyer Edmonton. The divorce act, or family Law act governs all of the laws relating to divorcing or separating couples.
It is very important to understand what is contained in these acts. So that parents not only know what their rights are. But also what their obligations are, especially to their children.
And while many people are aware that they will have to figure out custody, parental visitation and child support. They are not 100% sure of what the laws say about these issues.
For example, what many people do not know. Is that the court considers child support as the right of the child. Which is why it is almost impossible for any parents to get relieved of this responsibility.
And since the parent that has visitation of the child more often. Will naturally their a larger financial burden. The other parent must contribute financially.
So that they both can be providing financially for the life that they created. This is also why if the parents that has more access to the child makes significantly more money. Does not mean that the other parent does not have to pay child support.
Therefore, parents will need to decide where the child will live more often. In order to determine which parent will have to pay child support. This is considered parenting time.
Common scenarios include parenting time that is split equally. With the children staying with one parent for one week. And then switching to the next parent the following week.
However, another common scenario of shared access. Is where the children stay with one parent during the week. And then go to the other parents on the weekend.
No scenario is considered better or more correct says divorce lawyer Edmonton. The court typically wants to see both parents with maximum contact. Which means both parents having as much access as possible.
And regardless of which parent has the children more often. Or what their parenting time looks like. They will also need to determine who has custody of the children.
Which specifically refers to each parents has decision making authority over those children. Typically, it is not a problem for parents to have joint custody.
And joint custody just means that these large parenting decisions will be made by both parents equally. Including where the child lives, who they associate with, and any religious upbringing.
Again, divorce lawyer Edmonton says there is no right or wrong way to do this. And that the most important thing is that the welfare of the child is the forefront of the decision.
However, parents might end up not understanding terms. Or having a difficult time coming to an agreement with their ex-spouse. Which is why can be very helpful to find a divorce lawyer Edmonton that can help them.
Having someone who is knowledgeable, and can help them make decisions, and communicate calmly and clearly with the other parent of their child is very important. And can help the divorce or separation go smoothly.