Divorce Lawyer Edmonton | Understanding Custody
There are many things that parents will have to decide and agree upon says divorce lawyer Edmonton. If they are separating, or divorcing and there are children involved.
In fact, there are many things that are legally required. And any parents that are divorcing or separating. Can read all of these requirements in the family Law act, or divorce act for free online.
However, it is very important that parents understand the difference between these two acts. So that they can get the right information from the right location.
While the divorce act specifically deals with people who are legally married. The family Law act, which contains a lot of overlapping information. Can refer to common-law couples as well.
Therefore, the divorce act is specifically to be used by people who are legally married. Although they can follow the family Law act instead. All the family Law act is for everyone.
What these acts will specify, are all of the requirements that parents need to have in relation to their children. To ensure the rights of the child are upheld.
One of the most common rights that will be outlined in both of these acts. Is the rights for the child to be financially cared for by both parents. This is why there are child support laws.
And the parent that does not have access to the child the majority of the time. Will typically be the one that is paying child support to the other parent. Because the parent that has access, there is a larger financial burden.
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This is why parental time is calculated as who has access 60% of the time or greater. And that the other parent will pay child support. Is so that this can be specified, to ensure that both parties are financially responsible for their child.
This is also why the court system in Alberta will not let parents out of this requirement. Even if parents come to an agreement themselves, it will not be upheld by the court system says divorce lawyer Edmonton.
This is also why it is very important for parents to understand that withholding child support payments. Is not legal in this province for any reason whatsoever.
Divorce lawyer Edmonton says that is very common for parents to withhold the child support when one parent is withholding visitation. However, parents do not get to make this decision themselves.
If one parent is withholding visitation. The parent should document that, and take them to court. Because if they withhold child support. And they go to court, both parents will get in trouble.
And ultimately, the court system does not view child support as a punishment. So that is why it is a percentage of a parents wage. And if that changes, the court system will allow.
The parent to drop their child support payments as well. And there are many mechanisms in place that can help a parent do this. So that they can continue to financially support their child. But in a way that is not financially punitive.
This can be a very complex issue, which is why both parents should have their own independent legal counsel. So that they can get the answers to all of their questions. To avoid doing the wrong thing.
Divorce Lawyer Edmonton | Understanding Custody In Separations
It is very important for parents to understand what custody refers to set divorce lawyer Edmonton. Because this is one of the most misunderstood things in family law in this province.
While most people assume custody refers to access to the child. This is not the case. It simply refers to the ability to make large life decisions for the child.
Therefore, whichever parent has custody. Has the ability to decide where the children go to school, where they live. And even allowed to decide things such as the cultural or religious upbringing of the child as well.
Therefore, when parents are trying to have joint custody. What the court sees this as, is they are both fighting for the ability to make decisions about the upbringing of the child together.
This has nothing to do with parenting time. Which specifically refers to the amount of time each parent gets with their child. And typically, this is shared in some manner.
Whether one parent has the child on the weekends, and the other parent has them during the week. Or, they share visitation every other week. So that their children can see their parents equally.
Custody and parental time will need to be decided by the parents. Before the divorce is final according to divorce lawyer Edmonton. Which is why it is very important.
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That parents should be able to communicate and cooperate with each other. If parents have a difficult time communicating and cooperating, even having joint custody can be a challenge.
Because they will not be able to discuss, or agree upon the important decisions about their child’s life. However, in order to help make this a reality, divorce lawyer Edmonton suggests communicating in writing.
This way, not only can they have more thoughtful communication with each other. It also can take a lot of the emotion out of the scenario. Especially because divorce and separation can be very emotional topics.
And then, if one parent is refusing to cooperate, or is not communicating clearly or respectfully. The other parent has a paper trail, and can take this to the court as evidence.
And while going to court is the last case scenario. And even the court system itself. Will ensure that the parents exhausted all other attempts at reaching a consensus.
When it does go to court, parents need to keep in mind. That it will be a judge, and a virtual stranger to both of them and their children. Making all of the most important decisions about that child’s life.
Often, this is not wanted, and parents would rather communicate with each other. Even though they do not get along. Then allowing a judge to specify what they have to do as parents.