Divorce Lawyer Edmonton | What Is Joint Custody
Whether couples are married, or common law says divorce lawyer Edmonton. If they have children, and the relationship is ending. They will need to navigate some aspects of family law, or divorce law.
And one of the first things that they are going to have to make a decision, is who gets custody of the children. And while many people might think that custody refers to who has access to the child’s.
This is not the case. Because custody actually refers to decision-making authority over the child. Such as where the kids will go to school, where they will live, and who they will associate for example.
Therefore, when people have joint custody of their children. They are saying to the court, they are going to share in the decision-making responsibilities. And decide together these important decisions.
Sole custody on the other hand refers to all of these decisions being made by one parent. But not that they are the only ones that are going to have parental time with their children.
Therefore, divorce lawyer Edmonton says is very important for parents to understand that custody refers to decision-making ability. And parental time refers to who is going to have time with the children.
Quite often, one parent will be the day today care giver. Which means they are going to have more time with their child. And another parent is going to have and access.
Although it is becoming more and more common, for parents to have one week with their child, before they go to the other parent’s house. But this can be decided upon by each parent if they are cooperative.
However, it is very important that parents keep in mind. That no matter if they have joint custody, or if one parent has sole custody. The parental time that they have, the parent gets to make decisions when the child is with them.
And these decisions will refer to what they are going to eat together, the activities that the child engages in. Therefore, the parent who has sole custody, cannot dictate those decisions.
Even if parents do not agree on parental style. And they have extremely different parenting styles. They still cannot control what the parent does with the child when they have their parental time.
This might mean two sets of use for the child, different bedtimes, different activities and different food. But it is very important that each parent has the ability to decide these things.
If a parent believes that the parental style of one parent is actually causing harm or putting their child in jeopardy. The court will require a significant amount of proof, in order to determine if this is the case.
If a parent has put their child in jeopardy, then the court will take that very seriously. And they may be limited to supervised visitation their child says divorce lawyer Edmonton.
However, for the most part, even though divorced or separated parents might have a hard time cooperating. It is in the best interest of their child, and can make everything easy for everyone in the future.
Divorce Lawyer Edmonton | What Is Joint Custody Parents Wonder
When parents are separating or divorcing, whether they are married or common law, divorce lawyer Edmonton says they need to be aware of the laws. There is the family Law act, as well as the divorce act in Alberta. That will specify how they must conduct themselves.
And while there are many different laws that dictate how the separate, the length of time before they can divorce just to name a few things. Most of the laws are dealing with children in the relationship.
Ultimately, the court wants to see that both parents have what is considered maximum contact with their child. Which means they typically will encourage both parents.
To have as much time with their children as possible. And that will be what is in the best interest of the child. Therefore, it is very important that parents are going to figure out where the child will spend most of their time.
One common arrangement says divorce lawyer Edmonton. Is that they will spend the week with a one parents being the day-to-day caregiver. And the other parent caring for their children on the weekend.
However, this is not the only way that parents get to have time with their children. It is becoming increasingly common. To have the children spend one week with one parent, and then switch.
However, it is going to be required by the time they divorce. Which parent has custody of the child. And again, the courts like to see both parents having an active role in their child’s life.
Which means it is more than likely the parents will decide to have joint custody. And while many people assume that joint custody refers to how often they get to see their child. This is actually not the case.
Custody refers to decision-making authority. Therefore when a parent has joint custody. This means both parents will have equal weight and making decisions about the child’s life.
The types of decisions that they will be able to make together include where they go to school, what cultural upbringing they have, or what religion they will be raised in. Where they live, and who they associate with.
Smaller decisions such as bedtime, extracurricular activities and diet. Will be decided by the parent who has that child at that time. Which can end up with children having different rules at each parents house.
Therefore, if a parent gets sole custody. That is means that they may see their child only have time, but they get to make the decision on where they live, and other large, important decisions.
And while it can be very difficult for parents to cooperate. Divorce lawyer Edmonton says it is important that they learn how to. And whenever possible, to communicate in writing.
Communicating in writing can help both parents stay calm, especially as emotion is often taken out of it. So that they can communicate, and at best interest of their child.