Divorce Lawyer Edmonton | Sole Custody Versus Joint Custody
Parents often do not understand the difference between custody and parenting when it comes to the family Law act according to divorce lawyer Edmonton. This is why it is very important to hire a knowledgeable lawyer, to help parents navigate this complex issue.
When there is a marital breakdown and children are involved. Or even if the parents are not legally married, and are living common law. There are many laws in Alberta, about how they must govern themselves.
One of the most common questions that divorce lawyer Edmonton gets. Is what is the difference between custody and parenting. This is important to know.
Because often one of the first decisions that parents must make. Is where the children are going to live, and how long they are going to spend at each parents house.
While many people assume that custody refers to time spent with each parent. This is not true, it simply refers to decision making authority.
Therefore, when the courts referred to one parent having sole custody. That means that one parent will have all of the ability to make large decisions about that child’s upbringing.
Such as what their cultural or religious upbringing will be. Where they will go to school, where they will live. As well as things like whom they will be allowed to associate with.
What most people think of when they hear the term custody says divorce lawyer Edmonton. Is referred to in the family Law act, or the divorce act. As parenting time.
Therefore, it is very likely that one parent has more parenting time than the other. Even though they share joint custody. Or another scenario could be.
That one parent has sole custody, but the children live with both parents an equal amount of time. While parents typically seek out to share decision-making abilities. And this is also what the court system supports.
There are some circumstances where one parent would get awarded sole custody. For example, when one parent’s lives out of province or country. Or when one parents job takes them away for extended periods of time.
This does not mean that parent with sole custody can keep the other parent from seeing their child. And it also does not mean that they can make smaller decisions for their child, and force the other parent to follow those choices.
Therefore, who ever has the child for their parental time. Gets to make decisions for that child based on things like what the child is going to eat, the activities the child engages in. And things like bedtime.
This means that there might be two sets of rules, one at one parents house. While another set of rules being at the other parent’s house. But as long as both parents have access to the child. This is what the court is mostly concerned with.
However, many parents still might have questions which is why is very important. That they seek out independent legal advice from their divorce lawyer.
Divorce Lawyer Edmonton | Understanding Sole Custody Versus Joint Custody
Even though the family Law act and divorce act relate to a marital breakdown says divorce lawyer Edmonton. Parents are going to have to come up with some decisions, and agree with each other.
Regarding the raising of their child. Because even though those laws in Alberta specify how parents must govern themselves in this type of situation.
It does not say which parent should get custody, or visitation. Or if child support needs to be increased for example. This is why it is very important that parents communicate with each other.
And while many parents assume that custody refers to who has access to the children. It simply is specifying who gets to make large decisions on the half of the upbringing of the child.
Therefore, someone with sole custody gets to make the large decisions, such as where the child lives, and where they go to school. But the smaller decisions are up to whoever has the child at the time.
Therefore, parents can decide what they are going to feed their child, what they do with their child. Or what time their child goes to bed when they are the parent who has parenting time with them.
However, many parents also make the mistake of thinking access equals child support. Visitation and child support are viewed as two very separate things.
Therefore, if one parent withholds child support payments. Because there ex-spouse is not letting them see the child. This is not going to be something that is supported by the courts.
In fact, it is mandatory for the parents to both equally contribute financially to the upbringing of the child. Because it is the rights of the child, to have their parents contribute to the life they created.
Therefore, if a parent cannot see their child. Or if they do not want to see the child. That does not excuse them from having to pay child support for their child that they brought into this world.
However, if a parent is withholding visitation. This is not supported by the court. And rather than withholding child support. They should take the other parent to court.
They will have to prove that they were trying to get visitation. Which is why it is very important to have a lot of communication in writing says divorce lawyer Edmonton.
And if they are able to prove to the court system that they were denied access. The other parents would get in trouble. And as long as they kept paying child support. The parent seeking access will not get in trouble as well.
While this can be very complex. If people are going through a separation or divorce. And children are involved. It is recommended that they find independent legal representation.
By hiring a divorce lawyer Edmonton, can help both parents understand their rights as well as obligations. So that they can do what is in the best interest of their child. And avoid a lengthy court battle.