Child custody matter in British Columbia legal system

One of the most frequent legal issues people are faced with is the procedure of divorce, property division and finally, the hardest part – child custody. Child custody is quite touchy legal matter since in requires the delicate approach of all sides included in the process, it can be emotionally disturbing for everyone, and the judges and attorneys handle a highly important subject that carries the potential of influencing the rest of the lives of both parents and all the kids involved. It is rare to see smooth resolving of this aspect. Thus legal system tries hard to come up with the sets of laws that will cover all the possible issues regarding child custody and provide optimal solutions for all of them. Different legal systems use different terms, definitions and apply different laws. Thus it is highly recommended to hire an experienced lawyer familiar with local laws if stepping into the child custody process. British Columbia legal system applies a provincial set of laws regulating child custody, but the mere case may end up in front of local family law judge or even at the Supreme court. Here are some of the basic terms and aspects of this matter you should be aware of if fighting for child custody within the B. C. legal system.

What does the term “custody” include?

post1aThe most general definition of custody refers to various arrangements between parents that include a certain amount of time spent with child and a certain scope of duties, responsibilities towards the child, as well as the right and obligation to take part in making important decisions about kid’s life. There are various modifications and arrangements of child custody, depending on many aspects, but all the family law courts and judges are striving to achieve the solution best for the child and suitable for both parents. Child custody arrangement is closely attached to child support payments and the regime of time spent with the child.

Types of custody arrangements

C. legal system integrates several different types of child custody arrangement, and the wide range of aspects influences the definite type family law judge will rule. The Divorce Act imposed by B. C. family laws considers physical, psychological, financial, emotional aspects, the convenience of organizing everyday life, the profiles of both parents and many more factors and determines the option that is best for the child.

post1bSole, joint or split custodyC

The main characteristic of the sole custody is that the child primarily lives with one parent and that parent makes all the important decisions. Opposite to sole custody is joint custody or shared custody as a specific modification of the joint custody. In these cases, both parents get equal legal rights and responsibilities for the children, kids, spend time with both parents, while living with one dominantly. The third option is applicable when parents have at least two kids, and the kids are split between parents. One or more children live with mother, and one or more kids live with the father. When the child is 15 years old or older, the B. C. family law gives the right to the child to choose between parents.