Divorce Lawyer Edmonton | What Is Parenting Time
If a family decides that the parents are better off separating or divorcing says divorce lawyer Edmonton. And there are children involved in the relationship, it is very important that parents know what their obligations are.
They can find these out by reading the family Law act, or the divorce act. Because both lengthy legal documents are available online for free. And can help both parents understand the decisions they need to make.
One of the most important things that they are going to have to decide, is who gets what amount of parenting time. Parenting time refers to how much time each parent will get with their children.
And it will often determine where the children will live. Whether they will share parenting time equally. With children living with one parent for one week, and switching to the next parent for the following week.
Or, a very common arrangement involves the children living with one parent Monday through Friday. And then going to the other parent’s house on the weekend.
There could be wide variety of other scenarios, whatever is most beneficial to the children. And there is no correct or incorrect way as seen by the courts to do this.
And this parenting time is considered very important by the court system in Alberta. With no parent being supported legally in any effort to keep their ex-spouse from seeing the child.
Even if a parent is no longer paying child support. The law does not support one parent withholding visitation. Because at parent is no longer paying that money.
In fact, the court system of Alberta views it to things very differently and separately. Therefore, if a parent withholds child support, or withholds visitation. They could be in a lot of hot water.
This is why it is very important that they find legal representation through a divorce lawyer Edmonton. So that they can get the help they need to understand how they must conduct themselves.
So that they can avoid running into the problem of doing something that they think is legal. Only to find out that they are in trouble, because the law says otherwise.
One thing that can influence parenting time however. Is custody. And while many people assume custody refers to who has the most visitation with the children.
Custody simply will first to who has the authority to make decisions on behalf of the child. And while some scenarios will have one parent having sole custody.
The court typically tries to ensure that both parents can have inputs into the parenting. And supports joint custody whenever possible. Which means both parents must agree on parenting decisions.
And while it can be very difficult for parents to agree with each other. Joint custody is truly what is in the best interest of the child. And the alternative, can be a messy, long and expensive court battle.
To help parents avoid going to a court battle that can be very costly and time-consuming. Parents should find out what their obligations are with the divorce lawyer Edmonton.
Divorce Lawyer Edmonton | What Is Parenting Time In A Separation
It is very important for parents to understand that whether they are divorcing says divorce lawyer Edmonton. Or if they are separating, or our common law and simply splitting up. If there are children involved, they need to understand the family Law act.
And while the family Law act is available for free online. To allow anyone the ability to read this important legal document. People might have a hard time understanding it.
Or have questions as it relates directly to their situation. Which can help them understand what they need to do, so that they can avoid getting into trouble with the law.
One very important thing that parents need to keep in mind. Is that child support is considered the right of the child. Which is why it is very protected by the court system.
And there are very few reasons that would cause a court to agree not to have a parent pay child support. But by the same reasoning, visitation is also considered the right of the child.
Therefore, parents who think that they are going to control their ex-spouse, by holding visitation or child support over the others head. Will find themselves in legal trouble, sooner than they realize.
Even if an parent is denying visitation. Or if they are no longer paying child support. Will the parent be allowed to take matters into their own hands, and to deny visitation or child support. Based on what the other parent is doing.
Standing this, can help both parents stay out of the court system. And help ensure that they are meeting their obligations to their child. And that they are upholding the law.
Something else to keep in mind, is that if parents want to travel out of province or country. They are going to need the consent of the other parent. Whether it is for holiday, or they are completely relocating.
There will need to get consent in writing, and if they cannot come to an agreement. The parent who is asking for the consent for them to move. Will need to obtain a court order.
Divorce lawyer Edmonton says this is called a mobility application. And their decision will be ultimately based on what they believe is in the best interest of the child.
As well as the connection that the child has with a parent who is staying behind. Ultimately, parents need to keep in mind that any time a judge has to make a ruling on their situation.
They are not going to be in control of the end results. And more often than not. They will end up disappointed by the results. And it is often not in the child’s best interest to have a stranger make their parenting decisions for them.
Therefore, even though both parents may not want to cooperate or communicate with each other. This is often more preferred then taking the other parent to court. And then seeing how the judge is going to rule says divorce lawyer Edmonton.