A couple is blessed when they have children. But the upcoming future of children can get questionable due to the parents’ parting. Therefore, it is vital to know everything about joint custody before making the decision.
Not all the general people of Canada have an idea of the child custody law. In this case, they need to seek help from a professional lawyer to simplify all their misperception.
If you are also thinking about your child’s custody after the divorce, read the whole carefully so that no vital information is left behind.
What is joint custody?
When a child has both the biological parents, they have the full right to decide about the child after a mutual discussion. So joint custody refers to the decision-making about the children that both the parents can take. It is the legal authority of the guardians to make any choice for the welfare of the children.
These choices include all the fundamental rights of a human starting from food, accommodation, education, medical care, etc. Parents should be aware that this custody is not the same as shared custody. So, in a nutshell, co-parents can share joint custody but not shared custody.
Difference between shared custody and joint custody
Many people often think that “shared custody” and “joint custody” carry the same meaning. But no, they have separate meanings.
As stated above, joint custody’s main fact is to make both guardians equal governor to decide their children’s future. The children can also live with both of the parents according to his wish.
On the other hand, shared custody emphasizes on the child’s contact with each guardian. That means shared custody allows the parents to keep their children with them for an equal amount of time, 50/50.
You can say that shared custody is the subcategory of joint custody. So the main point that differentiates these two types of control is the decision makings.
When custody becomes essential?
When parents get separated and cannot decide who will take the children’s responsibilities, the term custody comes between them. This decision is taken in court. You will have to seek the help of a professional lawyer to start the procedure.
Both the guardians have to show their income source and responsibilities to their kids to get their children’s custody from the court. If any parent cannot fulfill the basic human rights, the court will deny giving the children responsibility.
Like this, there are also many terms and conditions to get custody. The law will not take it lightly as this is about the future of the children.
The best interest of a child
When there is domestic violence in the family, long distance between the guardians, then legal custody is the child’s best interest. But relevant evidence must be showed to the court for getting this type of control.
Some common factors are leading to determine the best interest of a child. Those are as follows:
- The quality of the bond between a child and parent.
- The behavior, actions, and moral standard of the parents.
- The parents’ reaction to the child’s past best interests.
- Which parent will not deny meeting the child to the other parent.
Advantages and disadvantages of joint custody
It has both benefits and downsides for children and parents. Before taking possession of the child, parents must know everything related to it. So read below to learn all the information.
- They are sharing the responsibilities to teach discipline to the kids.
- They are dividing the expenses of the children.
- The child gets equal love from the parents.
- It creates the opportunity to solve the misunderstanding between the parents.
- Domestic violence decreases.
- Both parents will get an opportunity to think about their careers.
- The love for the children will increase as the other parent will miss him.
- It will be hard for the children to move from one home to another more often.
- The children will miss the love of the parents at a time.
- The kids cannot have both the guardians on any memorable day.
- The kids will go through trauma at such a little age.
- Quarrels might increase among the parents during decision making.
- The children may get unnoticed as the parents get the opportunity to focus on their careers.
- The children may get the company of bad friends.
Best way to get the joint custody
The joint custody will come into action when the parents can maintain a decent relationship, communicate with each other, give preference to the child’s interest, and respect each other’s decision.
Both the child and parents will be harmful if the elders do not sacrifice one another. For example, one of the parents cannot take the child to another country and live there for a long time. The court will not also give this kind of permission.
The main motive of the court is to ensure the safe and secure wellbeing of the child. Therefore, if only one guardian has a permanent residence and job, the court will give the child’s greater rights to that particular parent.
Facts like the relationship between the child and the parent, the distance between the parent’s house and the child’s school, if the guardian work too long, and if the child has special health needs will also be considered.
Finally, the other parent can claim for custody if the more significant right holder parent gets fire from the job or remarries. But the best choice is to attend family mediation meetings. This will be less affected to the child, less expensive, and less time-consuming. Moreover, the parents can get a patch up.
So from the above article, I hope you have now got a clear idea about joint custody. Additionally, you have also known about the advantages and disadvantages of child possession.
Every guardian has the right to make decisions about their children’s life. Even after you get separated from your loved one, you have the full right to think about their bright future and progress.
Therefore, to provide all the necessary rights to your children, you must talk to a professional lawyer or decide it on the family mediation meetings.