The word “custody” essentially refers to the parent’s right to make decisions for the child, as well as the parent’s obligations to that child. Issues concerning child custody can be one of the most important challenges during a divorce. Whenever possible parents should try to reach an agreement regarding issues concerning custody and access. This is the least disruptive and least expensive route to ensure a smooth custodial transition for children.
However, if parents cannot come to an agreement, they can commence an Application in Court. There are different types of custody arrangements; sole custody, joint custody and split custody.
When deciding custody, residence, and access it’s not about the parent’s right but what is in the best interest of the child.
Many factors are considered, some of which include:
· who has been the main caregiver for the children;
· how you and your partner plan to care for the children in the future;
· who can offer the most stability for the children;
· how each of you will help the children maintain their relationships with the other parent.
There is still an assumption that only a Mother will get custody of the child. This is untrue; the Children’s Law Reform Act states that the father and the mother of a child are equally entitled to custody of the child.
If you are facing a divorce and have children, contact me by calling 647-428-3919 to learn more about how you can protect and maintain your parental rights.