Child custody refers to the legal arrangement that determines which parent or guardian has the responsibility and authority to make decisions for a kid and where the child will primarily reside.
Custody pertains to the legal entitlement a someone possesses regarding the supervision and authority over a child or children. Parental authority encompasses the prerogative to determine several aspects of a child's upbringing, such as their educational institution, involvement in extracurricular activities, religious affiliation, and medical care.
Usually, when two individuals procreate, they inherently possess all the entitlements and obligations towards their offspring. Nevertheless, in the event of parental separation or divorce, it becomes necessary for the parents to determine the allocation of these rights and obligations. Typically, one parent will have primary custody of the child or children. This does not imply that the other parent is permanently barred from seeing their child; rather, it grants them the entitlement to visit the child during mutually agreed-upon periods, referred to as access. There exist four distinct forms of custody: joint custody, sole custody, shared custody, and split control.
Joint Custody
Joint custody grants parents the opportunity to divide the rights and obligations of the kid, ensuring that both parents have an equal voice in making important choices that impact the child. Both parents are required to make joint decisions on the child's care and neither parent has the authority to make key decisions unilaterally.In this situation, the parents have equal and unrestricted access to the child. Regardless of which parent the child resides with, both parents have the right to spend 40% of the time with the child. This scenario would be most effective when parents are able to collaborate and there is less discord between them, ensuring that the child is minimally affected or influenced.
Sole Custody
Sole custody refers to the legal authority granted to a single parent to make important decisions regarding the child's welfare. The parent has the authority to make decisions alone without needing the consent or input of the other parent.This situation is frequently observed when there is intense parental conflict between the two parents, which may involve issues such as aggression, substance addiction, physical abuse, mental illness, and poor decision-making exhibited by one of the parents. However, this does not imply that the other parent is completely denied access to the child.
Split Custody
Split custody is a somewhat uncommon arrangement that can occur when there are multiple children involved, and each child resides with a different parent. This form of custody is highly uncommon and only occurs in cases where it is advantageous for the children to be kept apart from each other.Shared Custody
Shared custody primarily focuses on the allocation of time between parents and is crucial in establishing child support. If a child spends a minimum of 40% of their time with one parent, that parent has the right to request child support.Multiple criteria can be taken into account when evaluating if a parent has reached the 40% requirement and is eligible to request child support. For instance, in certain situations, overnights can be employed for time calculation, however in other cases, time is determined by the duration of hours spent with the child.
At Chandra Law Group, we recognize the significance of your children to you. Access refers to the ability or right to enter, use, or make use of something. It can also refer to the process of obtaining or gaining entry to something.
When parents undergo divorce proceedings and one parent is granted primary custody of the kid, the other parent has the right to visitation. Parental visitation pertains to the period of time during which a parent spends with a child with whom they do not reside.
Access to certain privileges or opportunities will be determined based on the parents' judgment of what is most beneficial for the child. This can involve implementing a predetermined timetable with certain periods during which the child interacts with each parent, or adopting a more adaptable schedule that is determined through mutual agreement between the parents. Access can be categorized as either supervised or unsupervised, and it encompasses the entitlement to receive information regarding the child's welfare.
If both parents can reach a consensus on a schedule and procedures for access, it is possible to formalize all the details in a written agreement. If not, seeking the assistance of a family lawyer or a professional mediator can facilitate the negotiation of a mutually acceptable agreement.
If the courts need to make decisions regarding arrangements and access, the judge will employ the best interests of the child assessment to determine custody and access. The courts will promote parental access to their children, as it is deemed to be in the child's paramount interest.
If you require assistance about access and custody arrangements, please do not hesitate to call our office at your earliest convenience.
Child Support
Once the decision to divorce or separate has been made and matters concerning custody and access have been settled, the subsequent step is to ascertain if either parent is eligible for child support.Usually, the parent who has the main responsibility for the child tends to bear the highest costs and everyday expenses. Consequently, the non-primary caregiver may need to provide compensation to the primary caregiver in order to alleviate the financial load on the other parent.
Determining Child Support
Parents are generally accountable for their dependent children and may have an obligation to provide financial assistance until the child reaches the age of 18 or beyond. The calculation of child support is determined by utilizing the Child Support Guidelines in conjunction with the child support tables. Child support is usually determined based on factors such as expenses for clothing, meals, and school supplies. Child support is determined based on the payor parent's gross annual income and the number of dependent children they are responsible for.Protection of Children
The welfare of the kid is of utmost importance in every family law dispute. The Children's Aid Society of Ontario is an autonomous organization that offers child protection services. Typically, families collaborate with the CAS to guarantee the security and welfare of their children. Nevertheless, this process may be somewhat overwhelming as it involves scrutinizing the parent's capacity to adequately provide for and fulfill the child's fundamental requirements in order for CAS to operate effectively.In order to prioritize the child's well-being and security, the CAS will allocate a social worker to the family. If society has reason to suspect that a kid is in a detrimental condition, they have the authority to initiate legal actions. Initially, CAS will initiate a procedure to ascertain whether the kid requires safeguarding. According to the kid and Family Services Act, the Society is responsible for demonstrating that the kid need protection. Furthermore, if they ascertain that this is indeed the situation, the court will ascertain the suitable course of action or response to guarantee the safety and welfare of the kid.
The Court has the authority to establish the appropriate response and plan for the child based on the specific reasons listed in the CFSA. The Court has the authority to decide on many outcomes for the kid, ranging from placing them under the care of the Society for a specific duration, to assigning them to another caregiver, or even declaring them a ward of the Crown.