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Family Lawyer Toronto, ON
Child custody means more than just which parent will the child live with or how much time will each parent spend with their child. It is the legal right to make life changing decisions for the child as between his or her father and mother. Such decisions include, for example, the child’s education, medical care, religion and among others.
There are several types of child custody arrangements. All arrangements must consider the general welfare of the child. The most common arrangements are generally joint custody and sole custody.
For joint custody, both parents are involved in making those life decisions for their child. In contrast, sole custody simply means that only one parent gets to make the decisions for the child while the other parent will simply have the right to be informed of such decisions.
Communication is key. One practical means of deciding child custody without going to court is having an agreement in writing. This could be done with the help of a trusted and neutral third person, such as a mediator. Some decisions that need to be made include:
A parenting plan checklist can be of great help for the conflicting parents, although not everything on the checklist may apply to your situation.
A parenting plan can be part of a separation agreement and can also be used if both parents have an agreement. However, such agreement between the parties must follow the provisions of the law for it to be valid, binding and enforceable. If valid, the court may step in, if one of the parties defaulted or breached the agreement.
If the parents cannot reach an agreement on their own, a neutral third person who is a trained professional may help resolve the issues relating to the child.
The process choices could include collaborative divorce, mediation, arbitration or mediation-arbitration. Family professionals also work in collaborative family law and help the parents navigate the process with a child focused view. Deciding which process to choose depends on the facts and circumstances of your situation.
These processes are usually faster and cheaper than having your case filed in court.
In the event no agreement can be reached, the parents do have the option to let the judge decide. This should be used as the last resort. The judge in balancing the interests of both parents, will use a test called “the best interest of the child test”. In applying this test, the presumption of the judge is that it is in the best interests of the child to have a relationship with both parents even after they separate or divorce.
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