Divorce Lawyer Edmonton | Frequently Asked Family Law Questions
Often, when a marriage breaks down, it is the first time people are going through this says divorce lawyer Edmonton. Which is why it is important for people to get the facts.
Without understanding all of their rights as well as obligations. Can results in parents ending up in trouble, or being taken to court. Because they have made assumptions about they can do.
One of the most common questions that people ask. When they are divorcing, or separating and children are involved. Can I withhold child support, if I do not see my children?
Whether people want to know if they are able to withhold child support as a punishment. If they have a spouse that will not let them see their children.
Or, if people want to know if they must continue to pay child support. If they do not want to have any visitation with their children. It is very important to know, that the court views these two things separately.
If a parent is not allowed access to their children. That is something that they should document, and then take to court. In order to allow the court system in Alberta to deal with this appropriately.
If they have been withholding child support. And it goes to court, the parent withholding child support could get into trouble as well. Which is something that parents should avoid.
The court views child support as a right of the child. And while one parent typically bears a larger responsibility for the day-to-day care of the children.
Because that is seen as financially caring for the child. The other parent that has less visitation. Will be required to pay child support. In order to financially support the life they both brought into this world.
Another question that parents often have says divorce lawyer Edmonton. Is do they have to pay child support, when their spouse makes more money than they do.
Again, because the court does not see child support as anything other than a parent financially supporting the life they create. It does not matter how much money their ex-spouse makes.
That determines if a parent has to pay child support or not. The only time that child support changes in amount. Is if the parent that has the child most of the time. Makes significantly less money.
However, it is very important for both parents to understand that visitation, and child support are two separate issues. However if they have any other questions, should contact their divorce lawyer Edmonton for clarification.
Another question that parents often have is: can separated parents take children out of the province? Whether this is for a vacation, or a relocation. The other parent must agree in writing.
And if they cannot come to a consensus on this, they would need to take the issue to court. I convincing a judge to allow the parent to move, with their child.
The court will do its best to make the decision for what is in the best interest of the child. However, the parents truly know what is best for the child.
Which is why they should try to keep decisions out of the court whenever possible. Doing this, can help the child get the best growing their circumstances.
Divorce Lawyer Edmonton | What Are Frequently Asked Family Law Questions
It is very important for people to understand the laws when they are divorcing with children’s divorce lawyer Edmonton. However, the law is very complex.
People can read the acts that governing family law online. By reading the family Law act or the divorce act online. However, these are very lengthy and can be confusing.
This is why many people can benefit from hiring independent legal counsel with a divorce lawyer Edmonton. So that they can make the best decisions for their children.
A common question that parents often have when they sit down with their divorce lawyer Edmonton for the first time. Is at what age can children make the decision on where they want to live?
While the court system, and judges will want to do what is best for the children. And to some extent, considering the wishes of the children is important.
This is most effective when the children are older. For example, a five-year-old is not going to be able to make a great decision about their life.
However, the older a child is, the more weight their opinion will have. Therefore, if the child is fifteen or sixteen years old. Often, when they articulate to a judge what is most important to them.
They often will have their wishes listened to. However, this always must pass through the court system. Child throwing a temper tantrum, saying they do not want to visit one parent.
Should not results in a parent deciding to withhold visitation. Because the child is making the decision. If a parent withholds visitation for any reason.
They can end up in trouble, and having to have a judge rule on the situation. If the child does not want to visit a parent that badly. The parents should to sit down and figure out why.
Which will require the parents cooperating. And it could be as simple as not wanting to leave a playmate behind, liking the later bedtime at another parents place.
And very rarely is it because that child is being mistreated. Therefore, when parents withhold visitation with no proof of anything. They can end up in a significant amount of trouble.
Even if both parents do not approve of each other’s parenting style. There is nothing that the other parent can do. To keep them from raising their child in the ways that they see fit when they have visitation time.
Therefore, it is very important for both parents to understand that while the custodial parent will get to make the large decisions about the child’s upbringing. Such as where they will live, and where they will go to school.
Each parent will be responsible for parenting the child in the way that they wish. As long as it does not result in child endangerment or neglect. They can raise them however they want.