With the high rates of divorce in Ottawa, and throughout the world, many of the couples who are parting ways are parents. Whether they have one child or many, in most cases, both parents agree that it will be best for the children to spend time with both parents, individually, so that they can maintain their special relationships.

While there are standard laws that apply to a lot of cases, not every situation is the same. When certain parents work nights or weekends, for example, a different set of arrangements will need to be made. The most important factor that everyone should agree on is that what is best for the child or children should be the motivation for how custody is arranged.

Although some parents are amicable about custody arrangements, attorneys are often needed to help sort out the details, and to ensure that their clients’ rights are honored. In controversial cases, where parents refuse to agree, a judge will need to make the decision.

Physical vs. Legal Custody

There are two types of custody to consider in each case – physical custody and legal custody. This means that while one parent will likely have physical custody (the children spend most of their time living with this parent), the two will share legal custody. This means that both parents will have a say regarding issues such as education, healthcare, religion, and other major decisions for their children.

Joint Custody

Sometimes, depending on the needs and well-being of the children, the parents will be granted joint custody. This means the children involved will spend about the same about of time with each parent. This is not as common of an arrangement, mostly due to the fact that the parents have to interact more frequently and communicate regularly, and get along. This is obviously a struggle for many couples, or they probably would not have gotten a divorce in the first place.

Joint custody is also a controversial subject among child development experts. The main advantage is that the children may not feel as much loss from the divorce, since they are still spending quite a bit of time with both parents. The biggest disadvantage is that the children may not spend enough time in either parent’s house to consider either their true home.

Split Custody

In some highly unusual situations, siblings may be split up between the parents. For example, one child or more will live with one parent, while another child or children live with the other. Most of the time, it is desirable for siblings to stay together, so that they can form a stronger bond, but there are exceptions where this situation works for those involved.

When Parents Are Not Married

Obviously, parents involved in custody cases are not always married, and in these cases, it is generally the mother who is given custody. Unless there are underlying factors, the father will have regular visitation. However, some fathers do decide to fight for custody, but does not have a great chance unless the mother is unfit in some way.

How is Custody Decided?

There are many factors that may be considered in determining a custody arrangement that will best benefit the children. While there are guidelines that are often followed, each case can have various differences that may change the plan. Some of questions that help determine a decision are:

  • Which parent has traditionally provided most of the children’s care?
  • How old is the child or children? What sex?
  • What are the parents’ work hours, and will the child need to go to daycare?
  • What are the children’s relationships with extended members of either parents’ family?
  • Will the children have to leave their home or change schools?
  • Does either parent have mental or physical health problems?
  • Who are the other members of each household?
  • Is there any indication that either parent is emotionally, physically, or sexually abusive?
  • Is either parent a drug user or alcoholic?

Of course there may be other circumstances that need to be taken into account as well. While one custody situation may work for one family, it may be totally wrong for another. The best thing you can do if you are a parent facing a custody issue is to contact an attorney. Ottawa has many qualified divorce attorneys who can help you protect your children and your own parental rights.

Need child custody assistance? Ottawa Family Lawyers:

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Ottawa Family Lawyers[/column]

[column size=”1/3″]1 Antares Drive, Suite 530
Ottawa, Ontario K2E 8C4
Phone: (613) 232-8832[/column]

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