Getting a divorce can be really tough and emotional, and it’s also full of personal and legal hurdles. Many people find it hard to even think about ending the life they’ve built together. Deciding who the kids will live with can really shape their future. Despite all the challenges, picking a good lawyer who knows their stuff is super important. Having a lawyer who’s good at what they do can help ensure both sides get a fair deal, especially when figuring out how to split up the time the kids spend with each parent. Furthermore, if you want to know more about the divorce process, please visit our page on divorce terminology.
What is joint custody in Canada?
In Canada, when people talk about “joint custody,” they’re talking about a situation where both parents have to make big decisions about their kids after they split up or get divorced. This means they have to make choices about things like the kid’s school, doctor, and whether they’ll be raised in a certain religion.
The idea behind joint custody is that both parents should be involved in their child’s life to ensure neither one is left out of important stuff. But, just because parents share the decision-making doesn’t mean the kids split their time evenly (that is, spending the same amount of time with each parent). The main things to think about are what’s best for the kid and what the parents can do to make it work. For example, the kid might live with one parent most of the time but still spend weekends and holidays with the other.
Differences Between Joint Custody and Shared Custody
Even though people in Canada sometimes mix up “joint custody” and “shared custody,” they’re actually talking about two different ways parents can share parenting duties:
- “Joint custody” is about both parents making decisions together, no matter how much time the kid spends with each of them
- “Shared custody” is when the kid spends at least 40% of their time with each parent. Because shared custody can change how much child support one parent has to pay the other, this term is often used when figuring out how much child support parents should pay
Laws About Joint Custody and Child Support
When it comes to figuring out who has to pay child support, things may change a bit when there’s joint custody compared to just one parent having complete control. If a kid splits their time between both parents, both of them still have to chip in for the kid’s expenses. Usually, the court looks at how much money each parent makes and how much time the child spends with each of them to decide on the child support amount. Even if the parents split parenting duties, one might still have to keep paying child support, especially if there’s a big difference in their incomes.
Just because parents share custody doesn’t mean child support payments stop. The court considers several factors to set the child support amount, like how much time the child spends with each parent, how much money each parent makes, and what the child needs. Even if the child lives with both parents, one parent might still have to help out the other to make sure the child is taken care of.
Reasons to Deny Joint Custody in Canada
When deciding who gets to take care of a kid, Canadian courts really focus on what’s best for the child. They often look into joint custody, where both parents share the responsibility of making decisions and taking care of the child. But sometimes kids won’t get to spend the same amount of time with both parents. Here are some common reasons:
- Since it can cause instability, it’s hard to make joint custody work if one parent travels a lot.
- The court might consider what the kid wants, but this depends on the kid’s age and how mature they are. If the kid clearly says they don’t want to share custody, the court might not agree to it.
- If one parent has a severe mental health issue that makes it hard for them to take care of the child or make sane decisions, they might not get joint custody.
- If there’s evidence of verbal, emotional, or mental abuse, the court might not agree with joint custody.
- If there’s proof of physical abuse against the child or the other parent, joint custody might be denied.
- If the parents can’t agree on decisions, it could be harmful to the child and make joint custody not possible.
- If there’s a concern about one parent not being able to keep the child safe, like if there’s abuse or neglect, joint custody might not be the best choice.
- If one parent hasn’t been around much in the child’s life, the court might decide that joint custody isn’t the best fit.
- If the parents live far apart, it might not be possible for the child to spend much time with both of them.
Solutions Family Law Group: Since Family Matters
When dealing with a child custody fight, the Solutions Family Law Group can help you win the best outcome in court. First off, we give you professional legal advice, helping you understand the tricky parts of family law and what you can and should do. Our team can also help gather and show proof that the parent is a good fit for custody. This proof could be things like a steady job, a good home for the kid, and involvement in the kid’s life.
FAQs
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1- What are the different types of child custody in Canada?
There are almost four different types of child custody. Sole custody, shared custody, joint custody, and split custody.
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2- Is shared and joint custody the same thing in Canada?
No. In joint custody, parents take care of matters equally.
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3- Does joint custody mean no child support?
No. Having joint custody does not automatically eliminate the obligation to pay child support.
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4- Is joint custody 50/50?
Actually, it’s not true. The final decision depends on factors that are best for the kid.
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5- What type of custody is best for a child?
In Canada, the court considers what is best for the kid.
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6- Do I have to pay child support with joint custody in Ontario?
Yes. Federal Child Support Guidelines will calculate the amount of child support in Ontario, Canada, even with joint custody.
