How to Gain Child Custody in Canada
According to the Institute of Marriage and Family Canada, about 220 out of every 100,000 marriages in Canada end in divorce. Among these couples, the majority have children for whom parental custody must be decided. The battle for child custody is often a long and complicated one. The end of a relationship is hard enough but when there are children involved it can be more delicate and emotional. If you are trying to gain child custody in Canada, you must prepare yourself and follow the proper process.
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Instructions
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Hire an attorney who is experienced in child custody law. In most cases you do have the opportunity to represent yourself but it is best to have a legal professional working for you, someone who understands the child custody process and helps you stand the best chance of gaining custody of your child.
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Decide what type of custody you want. There are four different types of child custody in Canada: sole custody where one parent has sole custody of the child, joint custody where parents share joint custody but one parent spends the majority of the time with the child, shared custody where parents share joint custody but both spend at least 40 percent of the time with the child and split custody where each parent has custody over some of their children.
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Go through mediation. Mediation offers parents the chance to come to an agreement on their own, rather than leaving it entirely up to a judge. The mediator tries to determine what child custody issues need to be resolved--such as communication between parents, schooling and the regular custody schedule including holidays and vacations--and if, together with your attorneys, you are able to come to a fair resolution, a custody order is drawn up.
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Go through the court system. If parents are unable to come to an agreement through mediation alone, they must go through the court system to gain child custody. At this point you have turned the situation over to a judge who will hear both sides at your court hearing and decide on the best child custody plan. The judge works for the best interest of the child, taking into consideration the lifestyles and behaviors of both parents.
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Follow the set rules of your child custody agreement accordingly. Once the custody order has been finalized, you must abide by the regulations in place.
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Tips & Warnings
Although the child custody case involves your child, try to keep them out of this process as much as possible. Children already have enough to deal with and it is neither emotionally or physically healthy for a child to get put in the middle of their parents battle.
Keep your child as your number one focus. Even if the relationship with your partner did not end on the best of terms, your goal should be to ensure the happiest, healthiest life for your child and to build a cooperative and flexible parenting arrangement with the other parent.
A court order is a legal obligation and you must comply. Follow the rules of your child custody order or you may get yourself into legal trouble.
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- Photo Credit Child image by Serenitie from Fotolia.com
