Understanding Family Law: Types of Custody and How They Work

 Going through a divorce is already very hard, especially emotionally. Whenever possible, it is always recommended to go through it amicably with the support from a Family Lawyer Calgary to make it quicker, less stressful, save money, and make it easier on the immediate family.

Regardless, there is no easy way of navigating this, only the more optimized way. Divorce is mainly ruled over by the federal Divorce Act. In it, there is the framework to understand key terms such as custody, how to navigate divorces and the conditions for it to be granted.

On the next following topics we will focus specifically on types of custody so people going through it can be more informed, and therefore make better decisions on something so important. As always, talk with lawyers in Calgary to have proper guidance since each case is unique.

Types of Custody and How They Work

The first type of custody we will look into is Sole Custody. As the name implies, in this type of custody the child lives mainly with one of the parents. This parent has the right to make important decisions regarding the child, this includes for example health and education. While the other parent has some rights as well, the final decision falls to the parent with sole custody.

Next, we have Shared Custody. In shared custody, the time the child spends with each parent is relatively similar, and at least 40% of the time.

In Joint Custody, both parents have the right to have a say in important decisions regarding the well-being of the child. Joint custody, however, does not mean that both parents have a similar time with the child. Some arrangements have similar parenting time, others may have one of the parents with the majority of it. This requires parents to work together, amicably, and have the best interests of the child in mind. In some cases, the parents may have a neutral mediator when they cannot reach an agreement on a decision.

Split Custody is when the parents have two or more children. In this scenario, one parent will have one or more children, while the other will have custody of another child or children. This is not so common with parents with small children, since the Courts will prefer to leave the children together whenever possible. This scenario is more common with parents who have older children who are able to voice better their preferences. In split custody, both parents may have the right to make important choices for the well-being of the children.

Other Important Factors to Take into Consideration 

During those talks there will be a lot of moments where you will hear about the “child’s best interests”, but what exactly is that? Some people diverge in their opinions on what is best for their children, so how do the Courts decide?

Parents are often required to come up with a parenting plan if they cannot decide on one, the Courts might need to do one. Since Courts do not know the children personally, it becomes hard to create a custody agreement that really is the best for the children. This is one of the reasons why family lawyers in Calgary always recommend working together amicably.

A good plan will have the children’s physical, psychological, and emotional health in consideration, as well as any special needs they might need. The children’s cultural and linguistic background is also pivotal for their well-being. If the children are older and have the maturity to express their preferences, this should also be taken into consideration.

Some things are more related to the parents themselves, how able to provide care for their children are they? How is their relationship with the children, and how well can they communicate with them? Those are all things considered in the children’s best interests.