Most parents in the confusion of divorce do not consider the issue of child custody beforehand. Often communication break
The biggest misconception is that the primary caretaker is the presumptive natural custodial parent. Therefore, most parents who play a crucial role in providing the child in a marriage assume that the law will recognize this role by giving him primary custody after a divorce. Historical care, however, does not automatically guarantee child custody. If you have filed for divorce and your ex has gone ahead and obtained a legal order to take control of your child - the child is legally taken away from you regardless of any caring role you have in your child's life can go. As a result, parents who divorce without preparation often find themselves in a situation where they do not have the legal authority to make crucial decisions regarding their child on education, religion, and medical treatment.
courts decide custody
According to Canadian law, unless the courts decide otherwise, both parents have equal rights to custody of all children. What it means, breaking legal rules: Ask the courts to give you control - only then are you protected against any counterclaims by your spouse. To navigate the courts, however, you need to educate yourself about Canadian custody battles to ensure that you, not your ex, manage to convince the courts to give you custody of your child. We do.
the best interest of a child
In Canada, as in many other countries, courts focus on only one issue in child custody cases: they decide what they believe will be in the best interest of the child and grant custody accordingly. As you can imagine, this is a somewhat vague standard. As a result, it will serve you well to understand the underlying factors that will influence the court in deciding a child's best interest.
- each parent's ability to meet the needs of the child financially and emotionally,
- the relationship of each parent with the child,
the wishes of your child, if he is of maturity, to convey his wishes to the court,
-If you have more than one child, the court usually prefers to keep them together,
The court shall try to minimize the disruption to the life of the child (status quo),
- Who was the primary caregiver of the child during the marriage,
-Available time to spend with children (working hours, out-of-town trips),
One parent's interference with the other parent's relationship with the children,
Any special needs of the child.
General Estimates of Courts
The picture above indicates that there are several factors that a court will use to determine the best interest of a child. However, there are three fundamental rules that generally apply to most courts:
1) Stay-at-home mom: A dedicated stay-at-home mom, almost always has child custody over a working husband. This presumption is based on the fact that the court prefers to place children in an environment where a parent is sure to be around frequently, especially for young children.
2) Establishing the status quo: If either party has, for all practical purposes, already taken control of the child after the separation, but before any official declaration by the courts, the judge will generally establish the current living arrangement. Will interpret it as the default arrangement, and all things being equal will maintain it.
3) Primary caregiver: If you can establish that you have been the primary caregiver for a child, the law will generally assume that you are in the best position to care for the child in the future and grant you custody as a result.
You must be logged in to post a comment.