Child Custody Guide: Everything You Need to Know

The emotional trauma a couple of experiences after separation can’t be ever overstated, but the turmoil their children may experience is inexpressible. If, however, the parents keep their differences aside and prioritize their children's best interests, custody issues can be resolved amicably, minimizing the negative impact on your child.





So, What is Child Custody Exactly?

Child custody primarily refers to the legal guardianship of a child. It’s a legal right given to the mother or father of the child when they divorce or separate. Child custody can be categorized into two types:

· Legal custody, allows a parent to make decisions on their child’s behalf.

· Physical custody holds them responsible for childcare, safety, and security.

The parent who gets child custody becomes legally entitled to make their child’s decisions regarding their medical treatment, religion, and education.

Things to Consider

Some parents amicably resolve custody issues outside the court. However, they need to document all their agreements properly in a legally binding divorce/separation agreement.

In the majority of cases, an amicable agreement becomes impossible among the parents and the matter needs to be taken to court. Some important factors your judge may consider before coming to a decision:

· The child’s best interests

· The relationship and bonding of both the parents with their child

· Parents’ schedules

· Parenting abilities of both the parents

· The primary caregiver of the child before the separation

· The child’ stance

Types of Custody in Canada

Here's a rundown of the types of child custody in Canada.

Joint Custody

If joint custody is granted, the children can reside with one of the parents, typically the one who supports them financially. . In this type, both parents are held equally responsible for decisions regarding the children’s life.

An important type of joint custody is shared custody, in which, each of the parents needs to spend at least 40% of their time with the children.

Split Custody

When one parent gets custody of some children and the other parent gets the rest. Courts tend to avoid separating siblings, however, older children often pick different parents to live with.

Sole Custody

When a parent acquires sole custody, they become entitled to make the child’s decisions without any interference from the other parent. However, the other parent can request and receive information about their child’s well-being from the child’s teachers or doctors.

Need Help?

 

Want to resolve your child’s custody issues? Reach out to the Nanda & Associate Lawyers Professional Corporation.

Nanda & Associate Lawyers Professional Corporation is a reputable Canadian immigration law firm that doesn’t only have and a team of immigration consultants but also lawyers from other domains such as child custody, family law, will & estate, business and more.

To learn more, feel free to book a consultation with their representatives today!

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