For many couples in Canada, the worst part of getting a divorce is not going to court or having to decide who keeps the house, but rather matters of child custody and support. The future of your kids can easily trigger heated arguments and further damage the entire separation process for the couple.
Among all of the negotiations and paperwork, it is expected that the average person will have questions regarding how the court determines which one of the divorcing couple will get full or the majority of the custody of the children involved.
There are plenty of child support lawyer Calgary that will be able to guide you through the hardship of family courts - and finding an excellent legal expert in your area is the best tool to have your process go smoothly and as stress-free as possible - but to start being familiarised with what to expect from the court, here are a few things that the judge will consider when deciding custody.
Child’s Best Interest
When family law involves children, they become the highest priority of the court. No matter what is the issue in question, the solution is always going to be the well being of the minors and the guarantee of accommodating futures for them.
This is especially true during a divorce, when young children need to be separated from one or other parents either indefinitely or for long periods of time. This transition to two households, new routines and environment to adapt can be very tolling to the kids, so it is vital to plan the separation in a way that does not affect the children so much.
The courts know this, and for this reason, they will make their best to understand the specific situation that each family is in so they can come up with and analyse all of the possible outcomes for the divorce.
Types of Custody
When two people are fighting for the custody of a child, there are essentially two possible outcomes: either one of them will be the sole carer of the children, or they will both be awarded custody.
The first option is not as common as it may seem. Full custody is only decided when one of the parties either gives up on their rights as a parent, or if they are deemed incapable of truly taking care of minors. Cases where one parent has problems with justice, is violent towards the children or has been absent for a majority of the time can lead to full custody, in which only the responsible person will house the children and be permitted to make legal decisions regarding them.
The second possibility, called joint custody, is much more common for divorcing parents. For it to happen, both parties must prove that they are suitable to take care of the kids and provide a parenting plan. In general terms, this plan will explain to the judge how the parents wish to take care of the children after their separation. Usually, one of the parents will have the kids at home for the majority of the time, while the other will provide care for a few days a week and pay child support.
Stability of the Parents
One of the most important things that the Court will analyse, both during negotiations and through the parenting plan, is the stability of the parents. It is common knowledge that children develop better through their early years if their routine is consistent and sturdy, so it is in their best interests that the divorce accommodates their needs.
If one parent has a day job from 9 to 5 while the other travels monthly for two weeks at a time, it is easy for the court to determine that the first one should house the kids. However, as it is in most cases, the parents will both fight for this right, and this is where everyone should be careful.
Letting strong emotions rise in the presence of children can affect their psyche and leave scars that will last for years. A lot of children from divorcing couples think that they, personally, are responsible for their guardian’s separation, and so to avoid marking your loved ones into adulthood, it is necessary to be always respectful and as friendly as possible.
Both parties must have a realistic look at each other’s schedules and come up, together, with the best solution. Sometimes you must let some things go, for the good of your kids.
Opinion of the Child
In cases where the child is old enough to express their own opinions, the court may require their input on the topic. Although it seems harsh to ask a kid which parent they wish to live with, the judges and lawyers in Calgary are trained to smooth it out.
By asking general questions about their household and parents, it is possible to figure out which parent is more closely related to the child, and with which one the kid feels more comfortable. Sometimes they will not even have a specific preference for one parent or the other, but they will express their interest in living in a certain neighbourhood because of their local friends, schools, playgrounds, and much more.
The court will take everything into consideration before making a decision, but it is also necessary to have professionals assisting the children throughout the questionnaires to avoid overwhelming the little ones. Not only, but child psychologists can also detect signs of abuse that would otherwise not be noticed by the judge, so having a line of experts can change the outcome of a divorce process.
Safety of the Child
Finally, another extremely important topic that judges will make sure to get right before signing any decisions is regarding the safety of minors. Unfortunately, it is not uncommon for couples to divorce due to abuse in the relationship, and most often, the harm will extend to the kids.
Child abuse of any kind, being it mental, physical and sexual, is the number one reason why courts award sole custody to one parent over the other. It does not take a Child support lawyer Calgary to figure out that a kid cannot live with an abusive parent, and judges will follow this line of thought seriously. Because of this, during the divorce process, the court will try to analyse if there is any evidence of ill practice towards the children in the family. The last thing they want is to have the family coming back to court due to violence.
There are countless other considerations that Courts will take before deciding on custody, and parents need to be always honest and open to debate in order to guarantee the best outcome for the children and their futures.
