- Who is eligible to have custody of a child?
- What rights does the person who has custody have?
- If I am the custodial parent, may I move outside the province?
- When is a child declared independent?
- How much influence does my child have in custody declaration?
- How a case is handled when there is an unborn child at the time of separation & divorce?
- Does a homosexual parent have equal rights to custody?
- Can custody rights change?
- Who normally gets physical custody?
- Are custody agreements required?
- Can a non-parent obtain custody of my child?
- How is child custody jurisdiction established?
- Can my child be used as a witness in court?
- How long does the child custody evaluation process take?
- What is the typical judicial attitude towards custody?
Who is eligible to have custody of a child?
Under the Divorce Act and the Children's Law Reform Act, a parent, grandparents, or friends have the right to request custody of a child. The law does not disregard the possibility that a person or persons other than the natural parents may be custodial guardians.
What rights does the person who has custody have?
The person who is given the right to custody of a child by the court has the right to rear the child in making proper and ethical decisions concerning health, maintenance, and education.
If I am the custodial parent, may I move outside the province?
All situations are unique. This has been a major dilemma in the family law world, because a move outside the province may not be in the best interest of the child and will significantly affect the non-custodial parent's access to their child. The court also understands that custodial parents do not want to be trapped in a province when the non-custodial parent has the ability to come and go as they please. The court will consider many factors when a situation of moving arises.
When is a child declared independent?
A child becomes legally independent at age 18 (in some provinces age 21). Some factors may contribute to a child's obtaining independence before their eighteenth birthday includes: entering into the Canadian Military Service, getting married, becoming financially independent, or obtaining a permanent residence away from either parent.
How much influence does my child have in custody declaration?
The older the child, the more influence he or she will be able to exert on the court. Although the court does have the final say, the testimony of the child can place significant weight on the judicial scales. The court does not typically place great weight on the wishes of children under the age of nine.
How a case is handled when there is an unborn child at the time of separation and divorce?
The unborn child is to be treated no differently than any living child.
Does a homosexual parent have equal rights to custody?
The homosexual parent should have equal rights as any other parent, with the decision obliged to and contingent upon the ultimate concern for the best interest and general welfare of the child. If under this criteria the homosexual parent measures best, then proper custody should be awarded.
Can custody rights change?
Yes. Periodic evaluations of the parenting plan are recommended. This is important because so many factors can be modified or altered following the divorce, such as changes in employment, residence, or marital status.
Who normally gets physical custody?
In the majority of the litigated cases, the mother is granted physical custody. There are however, some instances, such as where the mother works nights or is heavily involved in educational pursuit where physical custody is often granted to the father.
Are custody agreements required?
It is required by law under the Divorce Act and Family Relations Act, for at least one parent to always be legally responsible for the child. Any change in the status of custody rights must also always be made in concert with the judicial system.
Can a non-parent obtain custody of my child?
It is possible. However, the court must be petitioned with the case being presented that the non-parent has a meaningful relationship with the child, and that the welfare of the child is best in the non-parent's hands. Such cases are rare.
How is child custody jurisdiction established?
Recent laws have been passed concerning child-napping. If one parent disagrees with the court's decision, he or she might attempt to take the child to another province and thus (each province has different guidelines) re-open the issue of custodial rights. There are several elements which determine the proper province in which child custody is determined: length of time the child has resided in the province, any previous court proceedings regardless of respective province concerning child custody, the residency of each parent, and so on.
Can my child be used as a witness in court?
Under the Divorce Act, not all the child's wishes are given consideration. With respect to testifying on divorce grounds or custodial issues, the judge has his or her discretion.
How long does the child custody evaluation process take?
Any evaluation should be initiated at least six months before the court date. This process should never be hastened or undergone without full intentions of completion. A full evaluation takes about four months, assuming relative distance proximity between both the parents and the evaluator.
What is the typical judicial attitude towards custody?
Women are most in favour, partly because of the traditional role of mothers in the family. It has been the precedent set in the past and traditionally many judges find it difficult to change their ways. However, with the changing socio-economic structure of contemporary society, fathers are taking a more significant parenting role.For More Informaiton:
