Couples will often have quite a few questions during separation, including who will end up with custody of the children. This is one of the most complex areas of the legal system as parents can take full or partial custody for a wide variety of reasons. Here is a quick and easy guide to some of the steps the court will take to determine who receives custody.
The Basics of Custody
While a custody battle can play out in several different ways, parents should remember that the mother gets exclusive custody in almost 80 percent of all cases. While this may seem hopeless, any parent who feels as if they are not receiving their fair share of custody or that the finances are not being handled properly should seek out immediate legal help. A lawyer who has experience with custody cases can ensure that this process is as stress-free, affordable, and fair as possible.
Types of Custody
Having custody means that the parent will be responsible for decisions concerning that child’s well-being, education, religion, and health. There are four types of custody in Canada including sole, joint, shared, and split. Sole custody means that one parent is completely responsible for the health and well-being of the child, while shared custody means each parent is at least 40 percent involved. With joint custody, parents have some say with their child and split custody means that one parent has full custody over some children while the other parent has custody over the other children.
Residence, Access, and Visitation
Unlike custody, access and visitation means that a parent is allowed to inquire about their child’s development and health as well as spend time with them. Visitation rights are almost always given to a parent unless there are signs of abuse or neglect. The primary residence is where the child legally lives and spends most of their time. This address is often used to determine choices such as where that child will go to school or engage in after-school activities. If your soon-to-be-ex spouse is threatening to prevent you from seeing your children, consult a divorce attorney from companies like Valerie M. Little Law Corp so you can fight for your visitation rights.
Other Important Factors
While all of these laws will help to determine where a child is and who is caring for them, the judge is always going to be looking for the best possible environment for the child. Until that child comes of age, parents do have the option for changing custody if they feel their child is not being raised in the best manner possible.
Parents should never attempt to navigate a separation on their own, especially if children are involved. An experienced attorney can help parents receive the proper custody and create the best environment possible for the child.
