Mon. May 20th, 2024

While divorce separates two persons, it also endangers their child’s (if any) future. Here comes child custody law in Canada. The law gives provisions for future child care, education, healthcare, and other benefits. It can be either sole or shared custody by the separated parents.

So now you may wonder—

  • Who can apply for it?
  • What are the types of it?
  • Are there any conditions to apply? 
  • And how to find child custody?

Let’s find in detail in the following part.

Child Custody in Canada

Child custody is the legal law taking decisions on behalf of a child. While working with child custody, the decision needs to be in the best favor of the child.

So, there are different types of child custody.

Types of Child Custody

You will find 4 different types of child custody, which are:

  1. Joint custody
  2. Split custody
  3. Sole custody
  4. Shared custody

However, you can decide a child’s custody by determining their family situation. In this article, we’ll only discuss share custody in detail.


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What is Shared Custody in Canada?

Shared custody is a type of child custody where the child spends an equal amount of time with both parents. Therefore, child support also varies based on the type of custody your child receives.

It is not compulsory to make important decisions together. But the parents need to decide about scheduling visitations hours. If the parents can’t make a decision, the judge will help them decide the visitation time.

You will find that shared custody situations are common when:

  • There is no stability in finances. This means that one parent has more income.
  • One parent lives away from home. There are situations where a parent spends more time away from home.
  • A parent can’t provide proper care for the child. In such cases, these parents are seen to be sick or injured.

How to Decide Child Custody?

Whether with or without court, you need to decide your child’s custody. Let’s get to know more about these!

With Court

In some cases, a couple tends to argue so much that it gets tough to decide. Therefore, it is obvious to move into court for child custody.

Besides financial crisis and trial results, you also need to be emotionally strong for the shocking results from the court. However, it is a great idea to agree with the court.

Also, in most divorce cases, the couple can’t agree outside the court. So, it makes divorce more complicated.

Without Court

There are many privileges if you decide without the court’s involvement. In such cases, lawyers, parent education sessions, therapists, or family mediators can help you. Let’s look more into them!

Lawyers

There are many rules and regulations for which you need to negotiate when you’re out of court. So, it would be best if you and your partner hire separate lawyers.

But you can also choose collaborative law where experts from divorce, financial, or child cases will guide you through the process.

Parent education sessions

Canada offers different parent education sessions. These sessions are very successful as they discuss divorce & separation and their impact on children.

Therapist

You can find a lot of therapists that work with children who suffer from separation and divorce. Therapists can be counsellors, social workers, or psychologists. Therefore, you can always take help from therapists to get a perfect solution for your child.

Family mediator

A mediator always works with legal activities. They solely work to solve disputes that people are going through. So, you can take the help of a family mediator to get the best possible solution for your child.

Get Help from Family Lawyer

You can go through child custody processes effortlessly by taking help from a family lawyer. A professional family lawyer will help you move through the legalized system whether you’re spending lifelong or new to Canada. Also, they will go through the case to help you win.

Final Verdict

We hope you got your answer to ‘what is shared custody in Canada?’ If you think that your child is suffering from divorce or separation, surely you will choose a great way to reduce the pain.

However, it would take some time, but you should choose the best option to keep your child happy and stress-free. Also, you can take the help of professionals to bring out the best in your child!