We understand that your child is your world, you would do anything for them. We also understand that navigating child custody and support can be challenging for everyone involved. That is why we always have your child’s best interests in mind when guiding you through the process.
Understanding Child Custody and Support
Child Custody refers to parents’ legal rights regarding the care and decision-making for their children after a divorce. There are two sections of child custody:
- Physical Custody: Also known as parenting time, physical custody refers to the location and time spent with each parent.
- Legal Custody: Legal custody involves the decision-making that parents are allowed to make for their children, including decisions about education, upbringing, healthcare, and general well-being.
Physical and legal custody can be broken down into three different levels.
- Sole custody: In this case, one parent has both physical and legal custody. The child lives with this parent full-time and the parent makes all of the major decisions.
- Joint custody: In this situation, both parents share legal custody and even physical in some cases. This requires them to work together to make decisions that affect the child’s life.
- Shared Custody: In a shared custody scenario, the child spends at least 40% of their time with each parent.
How is Child Custody and Support Determined
There are several factors that go into a court determining child custody and support. The Government of Canada has a step-by-step page to help families understand the process. You should always get in contact with a lawyer to ensure all necessary steps are taken. Here is a list of factors that are taken into consideration when determining child custody:
- Best interests of the child
- Parenting abilities: The court will look at each parent’s ability to care for and support the child
- The child’s relationship with each parent
- Child’s views and preferences: This is usually only meant for older children, but their opinions may be taken into consideration.
- Stability: What would bring the most stability to the child’s life in terms of homing, school and social environment?
- History: How has caregiving been during the relationship and how involved each parent has been in the child’s life until that point?
Here is a list of factors that are taken into consideration when determining child support
- Income of the parents: The federal government has guidelines that determine the amount of child support. We also have an article on our website that helps estimate the support payment.
- Number of children
- Special or extra expenses: If the child has extra costs, the amount paid for support can increase. Extra costs can include; private school tuition, extracurricular activities, or medical expenses. These are typically shared by each parent.
Modification of Child Custody and Support
Child Custody: Modifying child custody is possible but only under certain circumstances.There must be a significant change in conditions that affects the best interests of the child. When that happens, the modification can happen through one of two ways:
- Both parents come to an agreement: There is a written agreement between both parents that outlines the changes. This document is signed by both parties. Getting this document court approved is optional but recommended. That way, it is legally enforceable.
- Through the courts: If an agreement cant be reached by both parents, one of them may file a request to make the change. The parent must prove a material change in circumstances. This can include:
- A parent relocating
- Any change in the child’s needs
- A parent being unable to provide proper care
- A child changing their preference.
After the parent has filed the change with the courts, there is a hearing to assess the request. Based on evidence and the best interest of the child, the court will decide whether or not to accept the modification.
Child Support: The process of modifying child support is similar to modifying child custody. Child support can be modified based on significant changes to the best interests of the child. However, the factors and procedures that are involved are different for modifying child support.
Here are the following reasons for which modification to child support could occur:
- Changes in Income
- Changes in the child’s needs
- Changes in Parenting Time
- New Dependents
While the process to modify child support remains the same as modifying child custody, there are some key differences:
- Enforcement: Child support is enforced through the Family Responsibility Office. Child custody is enforced through the courts
- Guidelines: Custody is determined by the best interest of the child and support is calculated using the Federal Child Support Guidelines.
- What does it focus on? Custody focuses on the best interests in terms of their living arrangements, their care and overall decision-making. Support focuses on financial changes. That the child’s needs are met and both parents are paying their fair share
Please consult your family lawyer to ensure you are taking the correct steps and your child is always being put first.