Canadian Child Custody is set up to ensure that children have the very best chances of getting through such an emotional time. There are many laws in place to help protect the sacred relationship between parents and their children. It is very important for you to find out the laws that pertain to you though. They can be very different as you move around the different locations found in Canada.
One of the biggest reasons why Canadian child custody laws are in place is because the parents aren’t always able to communicate effectively during and after a divorce occurs. They children shouldn’t have their needs unmet due to those circumstances taking place. The laws that pertain to child custody in Canada can be confusing at times though if you aren’t well aware of what is going on with them.
For example, the primary parent that cares for the child and oversees their growth and development may not be the one that has custody of them. In Canada it is possible for one parent to file for the divorce and to move forward in the legal process first. They can obtain a legal notice that allows them to gain temporary custody of the children. It can be difficult for a parent to one day find out that they have to give up the custody of their children, but that can happen under the laws in Canada.
This is just one more reason why it is so very important to fully educate yourself about the laws that pertain to child custody in Canada. This way you can prepare yourself for the possibilities should a divorce occur. Knowing what can occur may encourage a couple to continue working on repairing their marriage as well.
When it comes to the child custody in Canada laws, both parents can have equal rights though. Even if they court gives custody to one parent the other is encouraged to spend time with the children. There are many variables that have to be looked at before a final decision can be made. It can be very hard to get through the process and continue to hope that you will be the one that gets custody of the children though.
Even though the Canadian child custody laws are different in each area, most of them have one thing in common. They are very likely to grant custody of the children to the parent that seems to have more of a vested interest in the well being of the children. Therefore it is important to offer information that will encourage the judge to decide in your own favor. That way you can have your children with you as well as the legal right to make decisions about their future.
There are many different degrees of custody that fall under Canadian child custody laws. While they case is being looked at it is possible for both parents to retain custody over the children as long as they are able to do so without conflicts affecting the well being of the children. Joint custody involves both of the parents being able to share in the decisions for the children. If the parents can exhibit behaviors that they will be able to get along with each other and to do what is in the best interest of the children then this will be pursued.
Shared custody is very similar and it consists of the children being with each parent at least 40% of the time. Another common term is split custody but it doesn’t have to be an even split. For example it can be 70% with one parent and then 30% with the other. It all depends on the information that the judge has to base the final decision upon.
Should the judge determine that only one parent is going to get custody then the other will likely have visitation. It can be on a basis that both the parents agree on and so there isn’t a set amount of time given. The is the case as long as doing so doesn’t pose any threat at all to the children. If that is a possibility though then the court may state that the visitations can only occur with specific supervision in place.