Divorce Lawyer Edmonton | What Is Sole Custody
When parents are separating or divorcing, divorce lawyer Edmonton says they need to decide things like custody and visitation. And while many people think they know what custody refers to, they may not actually understand.
A lot of people think that so custody or joint custody are first to who actually has the child the majority of the time. But this is not the case, custody specifically refers to decision-making authority.
Therefore, it is very possible for parents to have joint custody. When one parent’s lives in another province, or country. Because they share in the ability to make large decisions about the child.
And when a parent has sole custody, that does not mean that the other parent does not get to see their child. It simply means that one parent will make all of the large decisions in the child’s life.
While the courts will often try to ensure that both parents have an active role in the raising of their child. If parents are having a very difficult time communicating or cooperating.
A judge may issue sole custody to one parent. Just so that they do not have to communicate as much, and cause undue, and stress. On their child, who may be caught in the middle of these decisions.
What does refer to visitation of the children according to the family Law act and the divorce Law act. Is the term parenting. When parents see the term parenting is refers to time spent with the child.
Therefore, there might be a parent that has a child every weekend, or every other weekend. Or that they share equally in how much time they spend with the child.
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When left to the decision of the courts, divorce lawyer Edmonton says. They will try to ensure that both parent has what they consider maximum contact.
Maximum contact means that both parents will have as much time with their kids as possible. Because that is what they consider to be the best interests of that child.
However, no matter who has the custody of the child, whether it is both parents or just one. When the child is in the care of the other parent for their parenting time.
That parent gets to make the decisions about the child, on a smaller scale. Such as what they eat, and what time the meals are eaten. As well as bedtime, and extracurricular activities.
Therefore, no parent gets to dictate what the other parent does when they have their parenting time. Unless they can provide proof to the court, that what one parent is doing is abusive or neglectful.
Even though many people are divorcing or separating. Simply because they are no longer able to get along. When there are children involved, they need to find a way how to do this.
There divorce lawyer may suggest a technology application called family Wizard. That can help facilitate communication between both parents.
However, parents may still end up having a lot of questions and in this scenario, they may want to contact their divorce lawyer Edmonton for consultation. To ask questions as it relates to their situation.
Divorce Lawyer Edmonton | Understanding What Sole Custody Is
For the most part, parents have a harder time communicating when they have marital breakdown and there are children involved according to divorce lawyer Edmonton. But it is very important that they learn how to communicate.
Because if they want to have anything go before a judge. They are going to need to provide proof to the courts. That they tried very hard to cooperate and communicate.
But they were unsuccessful, and going for the court is a last case scenario. Therefore, they need to have proof that they are communicating, and not able to cooperate.
Therefore, divorce lawyer Edmonton says written proof can be very helpful. Which is why communication should happen through texting, emails. Or technology such as family Wizard.
And while some of the decisions may not seem to be very large and important. It can be very difficult, when one parent is awarded sole custody and the other one is not.
What sole custody refers to. Is the parent that gets to make the large decisions about the child’s upbringing. Such as where they live, and their cultural upbringing for example.
This does not mean however that the parents that has sole custody can dictate to the other parent what they can and cannot do. When they have their visitation time with their child.
And even if a parent is refusing access, that does not allow one parent to stop paying child support. In fact, the court system views these two things very separately.
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A child has the right to life, and therefore both parents are responsible for paying financially for that life they both helped to create. Which is the idea behind child support.
And this is also the reason why parents are required to pay child support, even if they no longer have access to their child. Or they no longer want to have access to the child.
In extremely few circumstances, do the courts ever allow parents to stop paying child support. This is very important price to know.
If one parent is denying access to the other. If communication, and trying to cooperate fails. This is a scenario where the parent can take the other to court. In order to gain access to the parent.
And although this can be very frustrating. The parent that does not get to see their child. Is legally not allowed to threaten to stop paying child support.
And if they do stop paying child support, this will be viewed as a separate issue. Therefore, parents should learn to separate the two. And ensure that the child has the child support.
And that both parents are able to see that child equally and fairly. However, if parents have any questions about this.
They can always contact their divorce lawyer Edmonton in order to set up an appointment. To ask all of their questions about their unique circumstances.