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Child Custody in Canada 101

The last thing that every married couple has in their mind is the word, divorce. When things don’t go according to plan or the relationship doesn’t last, the most common action taken by the husband and wife is to go this route.

However, when you have children in the picture, the whole process tends to be challenging. To help navigate through these difficult times, here is everything you need to know about child custody in Canada.

Child custody: What is it?

To put it across in simple terms, it is the process of determining who is in charge of taking care of the child. In most cases, the biological parents have the right to make any decision for their children, such as education and residence.

Types of custody

Given below are the most common types of custody, depending on how the judge makes his/her decision.

  • Joint custody

In this type of custody, both parents are responsible for taking care of the child. They have to come to a mutual agreement, when it comes to making decisions, such as religion and schooling. Also, they must create a schedule, which allows both parents to spend time with the child equally. 

  • Shared custody

Shared custody is similar to joint custody, as both parents will be responsible for considering the child’s welfare. The child will have two homes, one in each parent’s property. The judge will prefer shared custody over joint custody over several reasons. For instance, if one parent is injured, ill, low financial stability, or away from home for long periods, the court will choose shared custody.

  • Sole custody

Under sole custody, only a single parent has the right to take care of the child. In other words, the young one will have to live with the parent. At the same time, he/she can make all decisions for the child. The other parent may be able to visit the young one, but that depends on the guardian.

  • Split custody

It is a type of custody which involves more than one child in the family. In this scenario, one parent will be responsible for taking care of one of the young ones, while the other guardian takes care of the remaining child.

Who determines which parent gets custody of the child?

Until the court comes to a decision, both parents have the right to take care of the child. The judge will always rule in favor the best interests of the child, when it comes to deciding which guardian gets custody.

If you are involved in a divorce, the best thing to do is hire a lawyer so that you get a fair representation in court!

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