Divorce Lawyer Edmonton | Understanding Family Law
If people are not legally married, and are separating they may still need to hire a divorce lawyer Edmonton. And the reason why, is because there are many laws they must adhere to. When they are separating, and there are children involved.
They are two acts in the province of Alberta. One is the divorce act. Which contains all of the laws governing divorcing, separating and parenting matters for legally married couples.
Where is the family Law act contains all of the laws. That govern parenting and child matters for couples who are not legally married. And while there are a lot of laws that are the same.
It is very important that parents understand. That they must adhere to their obligations. When it comes to their child. Because the law first and foremost will uphold the rights of the child before the rights of the parents.
And if they are unable to make a civil decision together. Whether with their divorce lawyer Edmonton or not. It will force the matter before a court. Where the decision that a judge makes.
May be one that neither parent wants to have happen. Even though the judge is going to try to do what is in the best interest of the child. Nobody actually knows what is in the best interest of the child.
More than that child’s own parents. However, one of the first decisions that will need to be made. Will be who has custody of the child. And while most people think that determines where the child will live, that is not the case.
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Custody refers to decision-making authorities. And if parents share custody which is referred to as joint custody by the court. What this means explains divorce lawyer Edmonton.
Is that both parents are legally allowed to make decisions regarding their child. And these are the large decisions such as where they will live, where they will go to school. And what their cultural or religious upbringing will be.
If they do not have joint custody. The only other option is sole custody. And that means only one parent will be making these decisions on behalf of the child.
And if that means the parent decides that they will have the child a majority of the time. That is the decision they get to make. Allowing the other parent visitation on a part-time basis.
However, it is very important for parents to keep in mind. That whatever agreement they come to. Will be the agreement that they have to stand by. And a parent can not decide to revoke visitation.
Just like another parent is not able to decide to stop pay child support. And if one of the parents does not live up to the agreement that they made with their divorce lawyer Edmonton.
Then the appropriate response is to contact their lawyer, and go back to court. Instead of trying to encourage the other parent to do it is right. By withholding child support, or visitation.
When the rights of the child are upheld. Then both parents will need to cooperate. And this is incredibly important in the eyes of the law.
Divorce Lawyer Edmonton | Understanding Alberta Family Law
It is often very difficult for parents who are divorcing or separating to agree says divorce lawyer Edmonton. Because there relationship is already very compromised. And they are likely having a difficult time communicating.
However, it is very important that not only do they follow the divorce act, or the family Law act correctly. Because they could end up in legal trouble if they are not upholding their obligations to the child.
But also, if they cannot come to an agreement together. It will force the matter before a judge. And the judge may end up making a decision that neither parent wants.
Therefore, it is very important that they cooperate with each other. Even if they truly do not want to. An area of family law that is often an area of problems.
Is child support. And how the court views this. As a way for both parents to financially support the life that they both created. And the parent that has the child physically for more time.
Has a larger financial burden on them to care for that child. Such as putting a roof over their head, keeping them warm, clothed and fed. Which is why the other parent must pay child support.
Divorce lawyer Edmonton says parents should not look at it as paying their ex-spouse to care for their child. But instead, look at it as a way to financially contribute to that child’s upbringing.
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Since they are no longer able to in the way that they did before. Another thing that is very important to keep in mind about child support. Is that a parent cannot stop paying child support for any reason.
This is considered by law the right of the child. That both parents contribute financially to their life. Which is why it is extraordinarily rare. For a court to allow a parent to stop paying child support for any reason.
However, it is also not considered a penalty. Or something that should put parents into financial hardship. Which is why if a parent is unable to pay. Or has lost their job.
They should contact their divorce lawyer. And go back to court in order to get their payments dropped to what they should be. Child support is essentially a percentage of a parents income.
So when their income drops, their child support payments can decreases well. There are many other things that parents need to navigate very carefully when they are separating or divorcing.
And to do so correctly, and according to the law. Will require hiring a divorce lawyer Edmonton. And good communication. While nobody enters into a marriage thinking or hoping that they will divorce.
Knowing what the law requires. Can help ensure that everybody manages to get what they need. But that the child in the end gets cared for properly.