Thursday, September 21, 2017

For Custody of Your Child, Go for Family Law through a Lawyer in Mississauga

What are the types of child custody arrangements?

A situation of child custody should not be taken lightly. Child custody refers to where the child will live after divorce (known as physical custody), or who holds the legal rights in making decisions about their child’s upbringing (known as legal custody). In each of these scenarios, the court may award one parent sole custody or may ask the parents to jointly share the responsibility. The following section will take you through key terms to understand child custody law. 

Custody of Children After Divorce

Joint physical custody

Courts will generally prefer joint physical custody so that the child can be guaranteed to maintain contact with both parents. This is usually a default resolution unless a disagreeing parent can prove as to why a child should not spend the time with the other parent. Joint physical custody will require both parents to spend time with their children. It does not need to be a 50-50 split. If parents cannot reach an agreement, the courts may be compelled to impose a schedule. The common arrangement will usually be alternating weeks, months, or holidays in each parent’s home. 

Joint physical custody will help both parents be an integral part of their child’s life. Joint physical custody can be ideal for children whose parents have low conflict divorces. 

Sole physical custody

Sole physical custody will make the child stay with the custodial parent. The non-custodial parent may have regular visitation rights with the child. The advantage of this type of arrangement is the child will reside in a single location. Logistically this causes less stress to the child and the parent, especially when it comes to friendships, schools, and neighbors.

Arguably, sole physical custody is not equal when compared with joint physical custody. Over time the parent who has noncustodial rights may feel like a visitor in the life of the child and visitation may seem like a playtime rather than a meaningful bond.

To Learn More About Family Law Please Visit Bennett Law Chambers

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