Divorce Lawyer Edmonton | Understanding Divorce Laws
Many people may not realize how important it is to understand divorce laws, until they are separating says divorce lawyer Edmonton. And when there are children involved in their relationship. It is often more important than ever to know their rights and obligations.
There are 2 Acts in Alberta that cover the rights and responsibilities of people when they are separating or divorcing. Or even if they are common-law, and are breaking up.
While the divorce act specifies what happens when two people are actually married. Family Law act can apply to married couples, or people living common-law.
And while both acts will have lots of overlap including areas of child support, child custody, and parental visitation. The family Law act can be used by anybody. But the divorce act is specific to legal marriage.
One of the first things that people will ask their divorce lawyer Edmonton when they have their initial consultation. Is knowing what the difference is between joint custody, and sole custody.
While many people make the assumption that custody refers to who has the child living with them. This is actually not accurate. And simply specifies who has the decision-making authority for the child.
And while people might think that this has to do with what the child eats, and what their bedtime is. That is actually decided by each parent jeering their own parenting time with that child.
While custody refers to the large parenting decisions, such as where they live and go to school. Or what their cultural or religious upbringing is going to be.
Therefore, it is quite common for parents to have joint custody, but the children to live with one parent significantly more than the other.
In fact, the court system in Alberta typically likes to see both parents and having the ability to make these decisions together. And prefer parents having a joint custody agreement.
However, there may be specific scenarios where one parent wants to have sole custody. Or that it is more practical for one parent to have sole custody. Such as when one parent lives out of the country.
Or has a job that takes them away for extended periods of time. But regardless of if they have joint custody, or if one parent has sole custody.
Custody has nothing to do with how much parental time or visitation time a parent will get with their child. While a parent who has sole custody can make that decision on behalf of the other parent.
The court system requires both parents to have visitation and parental time their child. This is actually defended quite well within the court system. And does not look kindly upon parents who withhold visitation for any reason.
Therefore, some parents may have a lot of questions for their divorce lawyer Edmonton. That can help ensure that they are acting within the law. And avoiding getting in trouble for things that they thought were completely legal for them to do.
Divorce Lawyer Edmonton | Understanding Albertan Divorce Laws
Many people may not realize how important it is for them to know divorce laws says divorce lawyer Edmonton. Until they are divorcing, or separating and have children.
And while there is a lot of assumptions about divorce law. Especially as it relates to children, such as custody and visitation. Many people might end up making assumptions that are wrong.
A great example of this, is when people think their child can to make the decision on what parent they want to live with. And while it is true the judge will do what is in best interest of the child.
And in some cases, they will recommend that the child gets their own lawyer. So that the lawyer can advocates what is best for the child.
When the child is very young, the parents are going to have to make the best decision. According to the court system says divorce lawyer Edmonton.
An example of how parents cannot let their child influence. Is if the child keeps saying that they do not want to go visit the other parent. Therefore, one parent will withhold visitation. This is not considered legal.
One of the reasons why the child may not want to go, is because they do not like the rules. Such as having an earlier bedtime, or having to eat vegetables.
While they might have a lot of different rules at the parents house that they want to stay at. This is why people cannot make their own decisions about withholding visitation.
But also why a judge is not going to listen to a very young child says divorce lawyer Edmonton. However, the older the child is, the more weight their opinion will have to this decision-making process.
If a child is in their teen years, for example 15 or sixteen years of age. A judge will typically allow them to make whatever decision they want to make. About which parent they want to live with.
Another assumption that parents should not make. Is that the parents that has sole custody can dictate parental rules to the other one. For example, tell one parent but bedtime the child has to have.
The parent as long as they are not abusing or neglecting their child. Can have whatever rules they want that child to have. Such as what bedtime, what extracurricular activities they can engage in.
And whether they can have television or screen time. Both parents can make whatever rules they deem best for their child. Even if they have incredibly different parenting styles.
However, if one parent suspects that the other one is abusing or neglecting the child. They need to provide substantiated of evidence, showing that there is child abuse or neglect going on.
However, before any situation can go to the courts a significant amount of evidence needs to be gathered. Therefore, parents should not use this as a threat, lightly.
By understanding what is required. Divorce lawyer Edmonton says parents can navigate the divorce and family Law act’s respectfully. And do what is in best interest of their children.