Frequently Asked Questions About Child Custody


 

Getting a divorce can be difficult and one of the things that can complicate it even more is dealing with the custody of children. Both spouses want to spend as much time with their children as possible. They both may want physical custody of their children and this legal war is usually what lengthens the process. If you are a parent who has filed for a divorce, you may have questions about child custody and the laws, which is why we, at Spunt & Carin, will address all your queries in this post. After all, the right child custody information may help you make a strong case and win child custody.

Frequently Asked Questions

1.What Is the Difference Between Physical and Legal Child Custody?

Physical custody is basically where and with whom the child lives, whereas legal custody is the ability to make important decisions on behalf of your child. It should be noted that a parent can have legal custody without physical custody or vice versa. You should consider all the options of child custody including “bird’s nest” parenting, where the children stay put and the parents alternate moving in and out, as well as shared parenting before you decide on which type of custody you wish to pursue. Spunt & Carin are the best child custody lawyers in Montreal, so if you need help in figuring out the best option for you can discuss this with our lawyers.

2.How Do Child Custody Laws Differ in Each Province?

The laws related to child custody vary from province to province. A parent who wants to file for child custody or defend their claim to child custody will have to get acquainted with the laws in the province where the child resides.

3.Does An Unmarried Mother Need to File for Child Custody?

Various provinces expect single mothers to file for child custody, however other provinces automatically give custody to single mothers.

4.How Is Child Custody Determined?

Numerous factors are taken into consideration before the court makes the decision about who should be given custody. These factors may include the parents’ ability to provide for the child and the existing relationship of the child with the parent.

5.What Factors Will be Taken into Account?

The courts will take into account how each parent will support the ongoing relationship between the child and the other parent. The child’s age, medical needs and any other special needs are also pertinent factors.

6.What Are the Best Interests for The Child?

Every decision that the courts make is based on what’s best for the child. However, you need to keep in mind that every province sets its own standards for establishing what the ‘best’ or ideal situation is for the couple as well as the child.

7.Could You File for Child Custody Pro Se?

Filing for child custody pro se means that you will represent yourself in court. Even if you know the laws thoroughly, we strongly recommend that you seek the best family lawyer in Montreal, especially if your ex has sought legal representation. You can also have a child custody lawyer in Montreal assist you with essential paperwork. They can also prepare you to represent yourself in court.

8.When Can You Seek a Temporary Child Custody Order?

Various provinces require temporary child custody orders during the divorce process. There can be other circumstances in which a temporary child custody order is recommended, such as a parent’s military service, illness or hospitalization. In these circumstances, parents must arrange for temporary guardianship with the other parent or a trusted relative or friend.

For the best family lawyer in Montreal contact Spunt & Carin. Our experienced associates and attorneys will make sure to answer all your questions about child custody and assist your case for a positive outcome.

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