Child Custody & Access Defined

Within the genre of family law, two of the most common terms often referred to: ‘child custody’ and ‘access’. When couples head for separation or divorce, these two terms are mostly talked about. Just like in other countries, in Canada also, most marriages end up in divorce. However, the custody related processes creates a great impact on the mind of the children as well.

Divorce Lawyer Toronto point out that one such problem like the custody of children should be handled carefully. Decision should be taken by considering the best interest of the child.

Most parents think that their children should stay with them and not with their ex-partner. In this respect, family lawyers point out that which parent should  get the child custody and access rights, can be easily arrived after an agreement or decision made by the Court of Canada.divorce lawyer toronto

Custody or Access

Usually, it is seen that the Provincial Family Court can decide on the matter of custody and access or child visitation rights. Thus, it is very important for parents to learn about this term. They are:

Custody

This term is used to signify physical custody of the child. It mainly gives one parent the right to take major decision against the health, education, welfare of the child. Sometimes broader sense of term can be used in order to signify the absolute rights and responsibilities of a child.

Divorce lawyer Toronto also points out clearly what access means. Basically, ex-spouse is granted access to a child produced from their marriage. The other spouse also has the right to make necessary inquiries and make decision in regards to the welfare, health, and education of the child.

Custody: Different Types

There are different types of custody arrangements. They are:

Sole Custody: Single parent also known as custodial parent can take important decision. However, the non-custodial parent can remain proactive and learn about the daily routine of the child. The custodial parent can authorize the non-custodial parent to speak with other involved with the child.toronto divorce lawyer

Join Legal Custody: Divorce lawyer Toronto can have the right to take important decision which could affect the child. This custody is only workable only the parents readily communicated with their ex-partner. Or, else sole custody would be a better choice.

Shared Custody: Each parent can spend quality amount of time with their child. Hence, important decision is always taken when the child is under the care of respective parent.

Access: When discussing about accesss, family lawyers point out that the granted access order can be canceled or suspended, if any one parent wants it. However, Divorce lawyer Toronto in respect to access points out that it is not only limited to visitation, but also to obtain information related to the child’s life. Any issues related to the child should be immediately addressed with the help of court orders.

Family law points out that in case of child custody and access, both parents should keep an active contact with each other. All decision should be taken by the Divorce lawyer Toronto keeping the bests interest of the child.

 

 

 

 

Busting 6 Myths about Getting a Divorce in Canada

Are you not being able to connect to your life partner anymore? Are you thinking about getting a divorce all the time? Then you will need the assistance of divorce lawyer richmond hill to go through the process smoothly.

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In fact, the experts of the farm are busting the heavily known myths, so that you can get prepared for the process without any confusion. They hope the couple who are considering divorce vigorously will get help from this myth busting.

  1. Cheating spouse

It might have been true in the past, but now a day the court does not sympathize with anybody just because of the fact that their spouses have cheated on them. The court does not want to know the real reason for the relationship breakup. And just because the spouse has cheated you will not get any leverage in childcare responsibilities or child custody. The reason for this is the no–fault divorce method which is being applied in the divorce cases in Canada. How the property will be distributed after the divorce varies from one province to another in the country and the party should be aware about the provincial laws about that. Divorce lawyer richmond hill can make you aware about the details of provincial laws.

  1. Spouse is not signing the Papers

Do not trust the television in the matters of divorce. Always remember that you do not need your partner to agree with you at least in this matter. If you have a solid reason for divorce or if you have not lived with your husband for at least a year, you can easily file an application to the court.

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  1. Common-Law couple

If you are a common-law couple for some time and want to end the relationship for good, you might have to divide your assets with your partner. There is a chance that one party of the couple might have to pay the spousal support. Contact the divorce lawyer richmond hill to know more about such laws.

  1. I Bought It So I Keep It

Even if you bought some property before getting married, the chances are that you might have split that property with your partner after you get divorce. The divorce lawyer richmond hill suggests that signing a legal agreement before marriage should make all these problems go away.

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  1. I can lose the house by moving out

Only for the sake of this myth many people try to live in the house even when experiencing an abusive situation. In reality, even if you are not an owner of the house, you have a claim on the property. It is not important whether you are still living on the property at the time of the proceedings to have a share of the property.

  1. My pension is Mine only

Just like other assets CPP credits and pensions are divided, but the amount would be calculated only on the basis of the time that you have spent with your husband. Consult divorce lawyer richmond hill to know about the common law that are is practice in your province.