What To Expect When Dealing With The Child Custody Process

December 18, 2015 Legal

When you are going through a divorce or if you are just trying to get custody of your child, there are some things you should keep in mind. There are certain things the judge will look for most when going through a child custody case for family law in Toronto, Canada.

What To Expect When Dealing With The Child Custody Process

Constant Back-and-Forth

When you are trying to fight for custody and the other person wants custody just as bad as you, it can be an overwhelming experience.  You can expect a lot of back and forth suggestions from each family law solicitors. Each parent will try to make a deal with the other, and the lawyer must be present during the communication with the parents.

There are 4 Types of Child Custody in Canada:

  • Joint Custody – This type of custody is when both of the parents will have custody. In the legal system, this is called joint legal custody. The court will give this type of custody to most parents who are cooperative when it comes to parenting matters.
  • Sole Custody – This type of custody is when just one person has custody of the child(ren). The child(ren) will permanently live with one of the parents. However, the other parent may or may not have access to visitation, which is based on the judge’s decision.
  • Split Custody – This type of custody is when one of the parents will get custody of some of the children, and then the other parent will have custody of the other children. The court will usually try to refrain from this one as they don’t like to split up younger children.
  • Shared Custody – This type of custody is when both of the parents will have custody of the child(ren). Each parent will spend 40% of their time with the child(ren). This type of custody is also called joint physical custody.

There are some things that the judge will take into consideration when determining custody of a child:

  • The parent-child bonding and relationship
  • Best interest of the children
  • Each of the parent’s emotional, physical, and mental health
  • Each parent’s parenting abilities
  • The support systems that each parent has
  • The schedule of each parent, as well as the child
  • Primary care givers when the child would be in each parent’s care
  • Any sibling issues
  • Last but not least, the child’s wishes as long as they are over 12 years of age

What it Means to Have Custody

When you have custody of your children, it means that you can legally make the important decision, such as medical treatment, religion, education, etc. When you have joint custody, it may be tough but it means joint decision making for each situation.

To make the process less stressful for the children involved, it’s best to cooperate as best as you can with the lawyers, as well as the other parent. It can be hard at times, but it’s easier on children when their parents can agree on something and come to an agreement.