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How Does Child Custody Law In Canada Works?

Many a time in the confusion of divorce, most parents forget to think about child custody. Due to the lack of communication between both the parents, they just assume their assumptions of child custody is correct and should be accepted by the other. However, this is not true at all and every country has a child custody law to give justice in such situations. If you live in Canada and are wondering how does the child custody works in your country, then here is your guide:

  • Courts decide the custody- According to the Canadian law; both the parents have equal rights to custody of all or any children until the court decides otherwise. In simpler terms, it means that, if the court has only granted you the custody of your child then you are legally safe against any counter attacks by your ex-spouse. With the help of a family lawyer, you can try to convince the court to give the custody of your child to you.
  • According to the child’s best interest- In Canada, the court majorly focuses only on one thing in child custody cases i.e. the child’s best interest and accordingly grant custody. There are certain basic factors that will influence the court to reach a certain decision regarding the best interest of the child. These factors include each parent’s ability to provide for the child’s financial and emotional needs. If the child is of an age of maturity, they can convey their wishes to the court as well.
  • Past conduct of the parent- Usually, a parent’s past conduct is not really taken into consideration by the court when making custody, unless the conduct is related to and relevant to the ability of the person to act as the child’s parent. Violent action by the person towards their spouse or the child in the past will be taken into consideration while deciding custody of the child.
  • Established status quo- If either parent has already taken control of the child after separation for practical reasons before any official decision by the court, the judge will look into the current living arrangements and all things being equal may uphold it.

In this regard, Andrew Heft child custody law takes care of every little detail when it comes to the cases of child custody, assuring only what’s best for the child.

Author

Sue P. Simon

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