Custody Access Disputes
Vancouver’s Custody Lawyers to Protect Your Rights Every Step of the Way
When a marriage comes to an end, disputes regarding the custody of any children have an unfortunate habit of extending beyond the divorce itself. If you feel that your rights regarding custody access have been infringed upon, violated or ignored, turn to the professionals at Donald B. Phelps Law Corporation in Vancouver. Our lawyers will make sure that you fully understand your rights, and we will fight to ensure that all existing custody agreements are enforced.
What is Child Custody?
According to Divorce Canada, child custody in Canada is defined as being a parent that is entitled to make decisions regarding the health and wellbeing of a child. This includes choices concerning education, religion, medical treatment, and more. This is different from physical custody, which is where a child physically lives, be it with one parent or the other. It is possible for both parents to have custody, that is, the decision making ability for their children, without having physical custody. This is often referred to as “joint custody”, where both parents have the ability to make decisions, but a child may reside with one parent most of the time. “Shared custody” is when both parents have joint custody AND each spends at least 40% of their time with their children. Our custody lawyers in Vancouver can help you determine the varying levels of custody.
How is Child Custody Determined?
In the case of divorce involving children, the wellbeing of the children is the primary concern. Canadian Courts will always focus on what is in the best interest of the children. Our custody lawyers in Vancouver can work with you to help you receive your custody rights in the event of a divorce or separation.
Many factors are considered by the courts when it comes to determining child custody:
- The best interest of the children
- Parent-child relationship
- Each parent’s parenting abilities
- The mental, physical, and emotional health of the parent
- Work schedules
- Support systems
- Sibling relationships
- Care arrangements
- The child’s wishes (if the child is older than 12)