Divorce Lawyer Edmonton | What Laws Govern Divorce
When a couple is married, and they are divorcing, in addition to a divorce lawyer Edmonton. They may want to know what laws they must adhere to. When it comes to understanding how to divorce properly.
They should be aware of the divorce act. Which is an act that contains all of the laws governing divorce. And this is especially important. When the people who are divorcing, our parents as well.
The reason why it is very important to be aware of. Is because there are many rights of the child. That must be upheld during a divorce. And both parents need to ensure that they are upholding those rights.
And while there divorce lawyer Edmonton will be able to talk to them about the rights. Knowing that the divorce act is available for free online. And that they can read it at any time.
Can help parents feel empowered. That they know the truth, and what their obligations are. So that they can help their divorce proceed as smoothly as possible.
One of the first things that both parents are going to have to decide. Is who gets custody of the children involved in the relationship. As long as they are minors.
And while many people think custody refers to access, or parenting time. Custody has nothing to do with who gets visitation with their child. And it has everything to do with decision-making authority.
When parents have what is called joint custody. That means they are going to decide together. Things such as where the children will go to school, where they will live. And their cultural or religious upbringing.
When a parent gets sole custody themselves. What this means, is that one parent will have the authority to make all of these decisions about their child. However, smaller decisions.
Such as what the child eats, what their bedtime is. And what they wear. Are all decisions that will be made by the parent who has what is called parenting time. During their visit.
One important misconception that parents often have. Is that if one has sole custody. Is that they are going to be able to decide the rules that their child will follow, when in the other parent’s house.
And this is not true. Divorce lawyer Edmonton says each parent will be able to figure out their child’s own rules in their house. Even when one parent has sole custody.
Deciding what parent gets custody can be a very big job. And ultimately, the courts will want to see both parents being as involved in the child’s life as possible. And they tend to favour.
Decisions were both parents have as much access, and decision making authority as possible. So unless one product has extreme reasons on why they should have sole custody.
The court system will typically order joint custody for the parents, where the children are involved. And while divorce can be very complicated topic. When parents know their rights, and obligations. It can make decisions a lot smoother.
Divorce Lawyer Edmonton | What Laws Govern Divorce In Alberta
While the divorce act governs divorce says divorce lawyer Edmonton. If there are minor children in the relationship. They can use either the divorce act, or the family Law act.
Because both of these acts contain laws that talk about the rights of the children. Particularly when their parents relationship is. Whether it is a legal marriage, or a common-law relationship.
Because while it does not matter if the parents are legally married or not. They both have certain rights as parents. But also they have certain obligations to that child that they helped create.
And these laws are designed to protect those rights. One of the most important rights that the court will protect. Is child support. And while some parents think that child support is to pay the other parent for taking care of the child.
This is not how the court, or the laws see the situation says divorce lawyer. In fact, the issue of child support is considered the parental obligation to the child that they brought into the world.
That both parents are legally obligated to financially support that child. And how the court figures that out. Is whichever parent has the majority parenting time with the child. Is the one who receives child support.
And the reason why says divorce lawyer. Is because the parent that has the child more often. Is considered one that has a larger financial burden on them to care for the child.
And so when the other parent pays child support. That means they are both financially contributing to that child’s life. Which is why the courts will typically never waive that child support payment.
And how child support is calculated. Is by a percentage of that parents income. And while it is mandatory to pay. The courts also do not view this as a punishment.
Therefore, if the parents financial situation changes. Such as losing a job, or getting a lower paying job. They can simply contact their divorce lawyer Edmonton. And apply to the court system.
To get their child support reduced. Because their financial situation is much different than it was before. And while not having a job will not excuse them from paying child support.
If they go to the court and let them know that they have lost their job. They will be able to stop paying child support legally for that period of time. Until they have their another job.
And at that point, they will be able to start making catch up payments. Based on the percentage of their new income, that they are now making. Ultimately, parents should not stop paying child support. Unless directed by the courts.
While this can be a very straightforward issue. If parents miss any important part. They could be in trouble with the court. Which is why they should always hire a divorce lawyer Edmonton. To help them proceed with this important legal issue.