Divorce Lawyer Edmonton | What To Know About Divorce Law
Nobody gets married thinking that there ever going to need to hire a divorce lawyer Edmonton. However, almost half of all marriages in Alberta and in divorce. Which is why people should know about the divorce act, as well as the family Law act.
These are the laws that are governing divorce and parenting matters during a divorce or separation. And while a lot of the information in both of the acts overlap each other.
When people are talking about the divorce act, is is specifically for people who have been legally married. And are now undoing that legal act through lawyers.
While the family Law act pertains to people who may not be legally married. Or simply be living common-law with each other. And have decided to stop their relationship, and move away from each other.
Ultimately, the laws that govern what happens to the children in a divorce or separation is incredibly important. And one of the main reasons for this. Is because the rights of the child must be upheld at all times.
One of the first decisions that the lawyer on either side are going to need to help the parents figure out. Is what kind of custody they are going to enter into.
And while many people believe that custody refers to where the child is going to live. This is not true says divorce lawyer Edmonton. Custody actually refers to who has the decision making authority over the child.
Often, the courts will want to see that both parents are making decisions with each other. In order to parent the child. On a variety of topics, such as where the child will go to school, where they will live.
Even who they are going to associate with, and what kind of cultural upbringing they will have. While the more minor decisions such as what the child eats, what their bedtime is. And what rules they must adhere to.
Are going to be decided by the parent who has visitation at the moment. Even if the rules of that parents house. Our wildly different than the parent who has the child for more time.
This may be very difficult for some of the parents to deal with. Especially when one parent has rules that they think are suitable for the child. Including what their bedtime is. When they must do homework.
And they want to ensure that the other parent is maintaining the same household rules. But that is not the other parent to control. And both parents can make decisions that they see fit for their child.
As long as the parents are not endangering their child. When people are divorcing or separating. They should find a divorce lawyer Edmonton right away.
So that they know what their rights as well as their obligations are regarding their child. If they make a decision that disagrees with what the law requires. A parent can end up in trouble.
Divorce Lawyer Edmonton | What To Know About Albertan Divorce Law
It is important for people who are divorcing with children to find a divorce lawyer Edmonton. Because they have different rights and obligations that they must adhere to.
And even if people are not legally married. But they created a child together. They need to know what the laws are that they must adhere to. Because the rights of the child are extremely important to uphold.
One of the first things that they will need to understand. Is that child support is going to have to be paid by one parent. And the other parent will have the child or the children more often.
Therefore, they will sit down with their divorce lawyer Edmonton. In order to figure out who will be the parent that has the child 60% of the time or more. In which parent will pay child support.
This can be very difficult decision. Especially when parents are fighting over who is going to have that child. But is very important that the parents come to an agreement together.
Because if they cannot decide. If it goes to court. The judge is going to make a decision that they think is in the child’s best interest. Which may be a decision that neither parent actually wants.
Another thing for parents to keep in mind. Is that child support is actually nonnegotiable. And parents are not legally allowed to come to an agreement together. That is contrary to what the laws governing this require.
The parent that has access lasts. Will be required by law to pay child support. And child support will be calculated. By a percentage of that parents income.
However, while many people think of it as a payment to their ex spouse. To help pay their bills because they have their child. This is not what the situation is at all.
It is in fact through the courts eyes. Both parents taking responsibility financially. For the life that they helped create. Which is why there are extremely few circumstances.
That will allow the parent who owes child support to stop paying. However, the court also does not consider it a penalty. So if anything changes in that parents life.
Such as they lose a job, or they get a different job where they make less money. They can appeal to the courts. To lower their child support payments. So that it is still a percentage of the amount that they make in total.
By understanding this, can help both parents ensure that not only are they paying child support properly. But that they also understand that child support is not something that they can decide not to pay.
So that if a parent stops paying child support. They should instead go to court, or contact their divorce lawyer Edmonton. Instead of revoking a visitation.
There are many things that parents need to keep in mind when they are divorcing or separating when it comes to their child. And knowing what the law requires is extremely important. To ensure that they do not get in trouble with their decisions.