In the tumult of divorce, most parents never previously considered the issue of custody. Often, communication between the spouses has broken down and both parents assume their assumptions concerning the custody of the children that are accepted by the other parent. Often this is not the case. As a result, many parents divorce are confused and surprised by the prospect of issues of child custody in divorce cases.
The biggest misconception is that the primary caregiver is suspected of,De facto custodial parent. Thus, most parents assume that role of leadership in providing for the child in a marriage simply assumes that the law in this role to recognize him or her primary custody after divorce. Historic care, but does not automatically grant custody of children. If you filed for divorce and your ex's back and get a legal order to the custody of the child - the child be lawfully taken away from you, despite the national role, they may have inthe life of your child. Following the divorce of parents often find themselves unprepared in a position where they have no right to take any important decisions about their children - on topics such as education, religion and medical treatment.
Courts decide custody
Whereas, under Canadian law, courts and otherwise, both parents have equal custody rights for all children. Cutting the German lawyers, which means that it is "Get on the judges,You care - only then you are safe against any counter-proposals by the spouse. To navigate the courts, but you need to educate themselves on Canadian custody battles, make sure that does not convince you and your ex-administration of the courts for custody of your child to take.
A Child's Best Interest
In Canada, as in many other countries, courts focus on an issue of children in the cases: to decide what is believed to be the best interest of the child and hispremium accordingly. This is usually a bit 'vague, as you can imagine, and, consequently, there will advise, but also to understand the factors underlying the influence a judge for a decision on the welfare of a child.
-all parents the opportunity to realize the needs of the child, both financially and emotionally,
-the ratio of each parent with the child,
-Your child wants, if he or she is having an age of maturity in which to inform the Courttheir desires
-If you have more than one child, the court usually prefers to keep them together,
-The court will try to minimize the interruption of the child's life (status quo),
, The child's primary caregiver during the marriage,
-available to spend time with their children (for trips outside the city) to
interference of a parent with the ratio of the parent with the children
No special needs --Child.
The common presumption that the courts
The picture above shows that there are a number of factors that the court uses to determine the best interests of the child. That is, there are three-way rules, which generally prevails for most of the dishes:
1) Stay at home parents: a mother with a stay at home is almost always wins the custody of the child of a husband who works. This hypothesis is based on the fact that, especially for young children, the courtlike children in an environment where the mother is definitely around often.
Fund 2) the status quo: if one party has for all practical purposes, is already in control of the child after separation, but before the official declaration by the courts, the courts usually interpret the current system of life that standard arrangement and everything is equal, will be maintained.
3) primary caregiver: If you find that you are the primary carers, may have aDonor for a child, then the law assumes in general that are known best for the child in the future of nursing and as a result, is assumed to have.
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