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Child Custody Lawyer in Barrhead
Divorce itself is already confusing enough. Add the complications created by Alberta’s divorce and family law and you’ve got real chaos. That’s why you need legal representation for all your divorce proceedings. It’s the only way to ensure you’ll be able to strike a fair deal in your divorce.
If you live in Barrhead, there is no better law firm than Verhaeghe Law Office. Our divorce and family law experts will expertly argue your case, presenting all the necessary evidence, and working through the various stages of negotiation and settlements. Divorce is already hard enough. Let us take on the difficult work so that you can focus on yourself and your family.
What is the Difference Between Custody and Access?
In the federal Divorce Act, custody and access are defined separately. In normal situations, the parents will decide on the type of custody that will best suit the needs of the child. If they can’t decide between them, the court may decide for them.
Custody is the right to make large-scale decisions on the way the child will be raised and how they will be cared for. Decisions on education, religion, and healthcare fall under custody. When a parent has custody, the child in question will normally live with that parent and use their house as the primary address. This will be clarified further down regarding joint custody.
Access is related to the child’s right to have access to both parents. That means neither one can take access away from the other—except under special circumstances as ordered by the courts. In most cases, one parent will have sole custody, and the other will have access. The limitations and rules of access may be decided in court. They can be more or less lenient depending on the case.
Types of Custody
There are four main types of custody. Each one comes with their own legally defined restrictions. In most cases the specific limitations will be decided in a settlement. If a custody claim goes to court, a judge may be called upon to make the final decision on it.
A joint custody settlement means that the parenting responsibilities are shared 50-50. All major decisions will be made together. As you might expect, joint custody is premised on the idea that the parents get along and can come to agreements about things. If that’s not possible, a judge may order a different arrangement.
In sole custody, the child will live with one parent and that parent will have the right to make all major decisions regarding the child’s upbringing. The other parent will normally be given liberal access to the child. Usually, parents cannot get along or make decisions in this case.
Shared custody means that the child will live more or less equally between the two parents. This type of custody is more like a sub-category of joint custody because it relies on the premise that the parents get along and can both make decisions on the child.
In this case, the siblings are split between the parents. Each parent, therefore, gains custody over the children under their care. This can be very stressful for the children, so it is case-dependent.