A separation or divorce is a time of transition. It is not unusual for one or both parents to go through a period of time right after a separation when they have no permanent dwelling. Sometimes parents will continue to reside in the family home, even though they are separated, until one parent is able to make alternate living arrangements. However, this is not always a practical solution. It may not be safe for the parents to continue to live together. The family home may need to be sold. Sometimes one parent will move out and stay temporarily with a friend or relative, or even in a hotel.
While this is not unusual, it can make planning for a child’s future trickier than it might be otherwise. Our Edmonton child custody lawyers may be able to help you to negotiate child custody arrangements when one parent does not have a permanent dwelling.
How Are Child Custody Arrangements Made?
When parents are no longer going to parent together as a couple, they must come up with a parenting plan. If the parents cannot agree to a parenting plan, they can ask the court to decide on one for them. A parenting plan should set out where the children will live and go to school, when each parent will have parenting time, and how decisions will be made for the children.
When the court makes such decisions for children, they base their decisions on what they judge to be in the children’s best interests.
What Are the Best Interests of the Children?
The court will determine the best interests of the children based on a variety of factors, including:
- – The specific needs of each child based on their age and stage of life
- – How each parent has contributed to the care of each child throughout their life
- – The relationship each child has with each parent and other important people (such as siblings or grandparents)
- – The plans of each parents with respect to the child’s cultural, linguistic and religious development
- – The child’s preferences (depending on age and maturity)
- – Each parent’s proposed plans in terms of how the child will be cared for and the willingness of each parent to care for the child
- – The impact of any family violence on the child
- – Whether each parent can meet the child’s needs, communicate and cooperate with the other parent.
What Happens When One Parent Does Not Have a Permanent Dwelling?
The fact that one parent has no permanent dwelling following a separation or divorce is not cause for panic. Solutions can be found and parenting plans can be made to accommodate changes to living situations – particularly in the period of transition immediately following a separation or divorce.
However, the children do require a place to live, so the court will take the living arrangements of the parents and proposed plans for housing the children into account when they make any order with respect to a parenting plan.
Contact our Edmonton Child Custody Lawyers Today For a Consultation
The process of negotiating child custody after a separation can be stressful; our Edmonton Child Custody lawyers may be able to help you navigate making arrangements in many circumstances, including when one parent does not have a permanent dwelling. Contact us for a consultation today.
*Please note, none of the content in this article is intended as legal advice, but rather a general overview on a legal topic. Please consult with a lawyer for legal advice.
