Divorce Lawyer Edmonton | Right of Children During Divorce
When couples are divorcing, they are very upset with each other according to divorce lawyer Edmonton. However, this does not mean that they can use their child. In order to punish their ex-spouse.
While both parents should be doing. What is in the best interest of their children. Often, the court system in Alberta is flooded. With scenarios, where parents are not getting along together.
Whether this meant they were denying access, withholding child support. Or making it very difficult to come to agreements when making decisions together.
The court system frowns upon this behaviour. And it is very important that parents understand their rights and obligations in not only the family Law act of Alberta. But the divorce act of Alberta as well.
So that they can govern themselves accordingly, and avoid having to fight things out in court. And potentially having a judge, who is a stranger to their family. Make important parenting decisions involving their child.
This is why it is very important that parents find independent legal representation. And get their own divorce lawyer. So that they can be guided through this complex issue.
One of the first things that is going to have to be decided. Is where the child is going to live. And how much access the other parent is going to have.
What is most common these days says divorce lawyer Edmonton. Is one parent having day-to-day access. And the other parent having weekend visitations.
Or, as shared responsibility. Where the children live with one’s spouse for an entire week. Including the weekend. And then at the end of that week, parents switch, and the children live with the other parent.
This is considered parenting time. And the courts typically supports what they call maximum contact. Which refers to supporting a situation where both parents get to have as much time with their children as possible.
However, even when parents share parenting time. Or when one parent has more parenting time than another. They also will have to decide who has custody, or if they will share custody.
And while many people assume custody refers to amount of parenting time. This is not the case. Custody refers to who has the ability to make large decisions about the child’s upbringing.
Ideally, the courts in Alberta want to see parents sharing this decision-making ability. And in that case, they try to support a joint custody arrangement as much as possible.
So that both parents can make decisions like the cultural upbringing or religious upbringing of their child. And where they get to live or go to school.
However, in certain situations, the sole custody might be awarded to one parent. Such as in a scenario where one parent lives in another city, province or even country.
When parents are able to separate parenting time and custody, whether joint or sole. They may be better able to make informed and cooperative decisions says divorce lawyer Edmonton.
Divorce Lawyer Edmonton | The Rights of Children During Divorce
Parents may disagree with each other on many things says divorce lawyer Edmonton. Especially when they are going through a separation or divorce.
But the things that are not up for debate. Are the rights of the children as outlined in the divorce act, or the family Law act of Alberta. These rights are something that the court system takes extremely seriously.
And one of the most serious rights that is protected through the court system of Alberta according to divorce lawyer Edmonton. Is the right of the child, to have both parents financially support them.
Both parents were involved in the creation of this life. And the court system believes that both parents should remain financially responsible to that life until it is of legal age.
This is why child support is mandatory. Even if parents decide to come up with an alternative agreement together. It is not supported by the court system.
And the parent that has more access to the child’s will assume a larger financial burden to the raising of that child. Which is why the parent that does not have the same amount of access must pay child support.
Therefore, if a parent decides to withhold child support. In order to encourage the custodial parent to adhere to the visitation scheduled they agreed to. The parents that withholds child support is in the wrong.
However, it is also considered wrong by the court system to withhold visitation to a parent. And if this is the scenario, the parents can be taken to court. And face consequences if they are not upholding the law.
Therefore, it is in everyone’s best interest to cooperate as much as possible. In order to pay child support, and then allow the other parent to have access as per the arrangement.
And while it can be very difficult for parents to communicate with each other when they are separating or divorcing. This is why divorce lawyer Edmonton suggests all of their clients communicate in writing.
Communicating in writing can do several things. For one thing, it can help people put a lot more thought and time into their communication. So that it can be a lot more civil than a phone call for example.
But also, it can help people take emotion out of their communication. Because it can be harder to be emotional about something that is written. And another great reason why written communication is best.
Is because if one parent is being unreasonable, unresponsive or uncooperative. The other parent can use the written communication as proof of this. In order to help get the ruling they want if they have to take this to court.
Hopefully it will never get to this point. But in order to ensure that it does not. Is why divorce lawyer Edmonton recommends having all communication in writing.
There is even an app for smartphones designed for this called family Wizard. That can help all parties communicate with each other, so that the child can be supported through this entire scenario.