Divorce Lawyer Edmonton | The Family Law Act in Alberta
While there are two acts governing divorce, and family law in Alberta says divorce lawyer Edmonton. The family law can be used by anyone. While the divorce act is specifically aimed at people who are legally married.
And especially when people are getting divorced, or separating when there are children involved. Should be familiar with these acts. So that they know not only what their rights are. But their obligations as well.
And when there are children involved, the obligations that they have those children. Are taken very seriously by the court. One of the most important thing that is decided, is child support.
The reason why the court system takes child support very seriously. Is because they consider both parents legally responsible for the financial well-being of the child they brought into this world.
In the reason why one parent will pay child support. Is because they will have less contact with their child, even by a small margin. And the parent that has the child more often. Bears a larger financial burden.
And even if the parent does not want to see their child anymore. Does not relieve them of this legal obligation. And even if they do not want to, or are unable to see their child. Are still required to pay child support.
This means that even if a parent is withholding visitation. The law does not support one parent from withholding child support. And in this case, divorce lawyer Edmonton suggests going to court.
They will have to prove that there ex-spouse is either not cooperating. Or failing to provide the visitation as agreed upon. Which is why written communication can be very beneficial.
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If they have written communication, and they can prove that the other parent is withholding visitation. They can use that information and go to court. In order to ensure that the situation is rectified.
Therefore, it is very important that parents understand that not only is it a legal obligation to let the other parent see the child. But that child support is a legal obligation as well.
In fact, many parents believe that if the parent that they are paying child support two. Makes more money than they do. That that also relieves them of their obligation to pay.
In this again is not true. Because it is not to help the other parent pay to raise the child. It is so that they other parent can remain financially responsible for the child they brought into the world.
Other than understanding child support and visitation. Parents are going to have to decide custody as well as parenting time. And this needs to be decided upon by both parents.
While custody refers to the ability to make large decisions. Parenting time allows each parent to make smaller decisions. That affect the time they shared together with their child.
However, if parents still have questions about custody, parental time. Or even child support and visitation. They should hire their own independent legal counsel with divorce lawyer Edmonton.
That they can get all of the answers to the questions that they have. And help them do what is in the best interest of their child.
Divorce Lawyer Edmonton | The Alberta Family Law Act
What people need to understand says divorce lawyer Edmonton. Is that the way they govern themselves when they have a divorce or separation and children are involved. Will be outlined in the family Law act.
This act is available for free online. And parents can read this, in order to understand not only their rights. But their obligations, especially to their children.
One of the first things that will need to be decided upon. Is who has custody of the children. Although, many parents misunderstand exactly what custody is referring to.
As outlined in the family Law act, custody refers to the decision making ability. About how the child is raised. Such as where they will live, where they will go to school. And cultural upbringing as well.
Therefore, if a parent has sole custody. This does not mean that the other parent does not have visitation at all. All it means, is that the parent will be able to make decisions independently of the other parent.
However, the court system will typically try to ensure that unless there is a serious reason. Both parents should have joint custody of their children. Which means they will both make decisions together.
However, there are some circumstances. Where parents may not decide that this is the best decision. Such as if one parent lives in another city or country. That could leave one parent being the one to make these decisions alone.
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The next thing that divorce lawyer Edmonton says divorcing parents will need to discuss. Is where the children will live, and how often they will see the parents.
Some common arrangements include a parent that is the day today caregiver. While the other parent gets the children on the weekends. This can be beneficial for many reasons.
But what is becoming an extremely common scenario. Is for one parent to have the children one week including the weekend. And then the parents will switch, allowing the other parent to have the children for the next week.
Ultimately, the courts will support any system that considers what they call maximum contact. Which means both parents should have as much time with their child is much as possible.
They consider maximum contact to be what is in the best interest of the child. And any decision that the court is called in to make. Will be made in the best interest of that child.
And while judges are trained, to listen to all of the evidence. Before making their decision. Ultimately, it boils down to a judge having to make parental decisions on behalf of the family.
Even though the parents are most likely in the best position. To understand the needs of their child that are than anyone. Which is why the court will require parents exhaust all of their options of coming to an agreement first.
If parents are having a difficult time communicating. This is a great time to contact to divorce lawyer Edmonton. In order to understand what their next steps are. That they can reach an agreement, and avoid going to court.