Family Lawyer Edmonton | Expectations of Divorcing With Children
While nobody gets married, ever wanting to need a family lawyer in Edmonton, however for nearly half of all married couples in Alberta, this is a reality. And while divorces are fraught with emotion and stress, divorcing when there are under age children is on another level completely. This is where our expert lawyer and advice come in.
Even before the couple can start deciding terms of their divorce, there is the matter of deciding:
Where, and how long the children will spend their time
While it was extremely common, years ago for one parent to have the child during the week, and the other parent to have the child during the weekend, that’s not as common anymore. What’s more popular with children and parents alike, is that one parent will have the children for one or two full weeks. Then, the children will switch parents.
Caring For The Needs Of The Children Through Divorce
Not only is this a more equitable way for the children and parents to spend their time. But our expert lawyers consider it best for the child, to see both parents as much as possible. However, the reason this needs to be figured out right away, is that because the living arrangements – referred to as access arrangements – directly influences the child support payments.
Many parents believe, according to family lawyer Edmonton Janan Jarrah of eLaw Alliance in Edmonton, that child support payments are for the purpose of helping one parent offset the cost of raising the child, but legally, that’s simply not the case. Child support is the legal mechanism that the courts can ensure that both parents are financially supporting the life they created together.
This is important to do, because it is the right of the child to have both parents support them, regardless of the state of the parents’ relationship with each other, or with the child. The court can even help parents learn to communicate through the divorce and give them tools to do so.
Family Lawyer Edmonton | Sharing Access Of The Children
Something else to take note of, according to Jarrah, expert family lawyer in Edmonton, is that how much access a parent has to the child does not ever impact child support payments. This is unfortunately, a fact that many people misunderstand all the time. One parent has stopped paying child support, so the other parent feels they can withhold access and vice-versa. Jarrah says the two things are mutually exclusive.
The court deals with each item separately. Even if a parent does not have any access to their child by their choice or not, says family lawyer Edmonton, that does not relieve them of the obligation they have to their child – the life they brought into this world – to financially support them. In many cases, even if a parent is willing to walk away from their child’s life, a judge rarely relieves them of this important obligation.
Always Seek The Help Of The Legal System
Therefore, it is very important, Jarrah emphasizes, that parents must never take matters into their own hands, and deny access to the other parent, or take it upon themselves to stop paying child support. Parents who make this decision, will find themselves in legal trouble, says family lawyer Edmonton. The correct thing to do, is when a parent denies access, or stops paying child support, is to inform the courts that this has happened, and let them handle it appropriately. It’s definitely a case of two wrongs not making a right.
If parents do have any questions about child support, access or anything pertaining to their divorce, they can always find the answers on the CanLii website – a free Canadian legal resource, but even better, parents can contact one of the expert lawyers at eLaw Alliance and arrange a free consultation. They can get the answers they need, and a lawyer to help them navigate the legal system effectively.