One of the biggest ifs when filing for a divorce is, if I will get custody of my children? This is also one of the biggest disagreements that divorce lawyers represent and fight for in the courtroom. There are two kinds of custodies – sole custody and shared custody. But the one that’s granted depends upon a number of factors. And it is those factors that we will be addressing in the guide below.
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According to the Andrew Heft child custody law, being a woman does not guarantee that you’ll win the custody of the child. The different things that a judge takes into consideration while deciding the custodial matters include the following.
- The spouse with a clean history is given custody – If your spouse is alcoholic, has a history of substance abuse, and is a violent person by nature, you will win sole custody of the child.
- The spouse closer to the child is given custody – if you are the one who stayed home to take care of the child, you’ll be given custody since the child is naturally close to you. If the child is close to both parents and both parents are responsible, the court grants shared custody where the child gets to stay with both parents. You can work out the arrangements mutually. For example, you and your spouse can live closely so that the child gets to see the both of you. You can also work out a method where the child gets to stay with the both of you on different days. For example, one of you can keep the child on weekdays and the other one can keep the child for weekends.
The next thing about the parental custody law is that the physically incapable parent might end up losing the custody of the children. The decision is taken into consideration while keeping the safety of the child in mind.
That said, you must also remember the following things that are of utmost importance when it comes to child’s custody.
- Kids above 12 years of age are free to express their desire as to which of the two parents they want to live with.
- If you have sole custody of the child, your spouse won’t be able to see the child if you don’t allow it.
Last, your spouse will be responsible to pay for child maintenance if you’re the non working one or the financially weaker one. You must visit the Andrew H. Heft Family Law Attorney website to find out more specifics about the parental custody laws in Canada.
