Are you looking for help with an Edmonton child custody case? When a couple is going through a divorce and have children together, it makes the divorce more difficult for all parties involved. Child custody is typically a contested matter. Which party is going to have the primary care of the children? Are the parties amicable and willing to have a shared parenting schedule? Ultimately, if the parties are amicable and willing to negotiate fairly, they can come up with their own parenting plan. However, when they cannot decide, the parties will have to go to Court.
If you need help with a family law case in Alberta, you should speak to a law firm today. Pick a time and date below and we will get a family lawyer in Edmonton to contact you. They should be able to help you with your child custody matter.
A lawyer can help you with:
- shared parenting
- getting a custody and access order
- family law legal advice
- receiving more child support
- paying less child support
- dealing with a child custody case
- joint custody
- working on the interests of the child
A parenting plan is a good starting point for parties who are amicable in their separation or divorce. However, it is advisable that the parties still have a Consent Order drafted and signed. This is advisable because a Consent Order is a Family Court Order which will be enforceable. In the event that the party’s post-separation relationship breaks down and one party is now not cooperating, the parenting plan will not be enforceable. On the other hand, the Court Order will be enforceable.
Child Custody Lawyer Edmonton
When you do have to go to court for a child custody application, there are a few things to note. It’s false to believe that the mother is the default primary parent of the children. There is no legal presumption that will cause the Courts to order that the children must live with the mother. Rather, in Alberta, and generally in Canada, the Courts look at what is in the child’s “best interest”. The best interest of the children typically has been decided by the Courts to have maximized time with both parents. Unless a parent poses a danger or risk to the child the Court will rule otherwise.
If a Court Order does not go in your favor, for example, the Judge does not order for shared parenting – don’t panic. The initial application is “interim” in nature, meaning it is temporary. Initial applications are made quickly to provide temporary relief for the parties. A parent who wishes to have shared parenting can progressively work towards it with set goals in place. When the interim order is made, ensure that you follow it religiously which will prove to the Judge that you are in fact a responsible and capable parent.
Edmonton Family Lawyers Child Custody
If you have had a questionable history of alcohol and drug abuse, your access time with the children will be limited. However, this does not mean that your history will completely dictate your future with your children. The Court’s only decide custody based on the child’s “best interest”. If your present actions indicate that you are on the path of recovery and are not going to be a harm to your children, this will go a long way in creating a progressive parenting order to maximize your time with the children.
Child custody is a difficult issue to navigate on your own. This is especially true if you are dealing with a partner who is on a mission to limit your time with the children. It is recommended that you consult with a family lawyer to create an action plan that will allow you to have maximum time with the children. A family lawyer will be able to help you navigate the legal issues and advocate on your behalf.
Child Custody FAQ
How much is it going to cost for me to get custody of my children?
During your consultation with the lawyer, they might be able to give you a quote. Keep in mind, family law is very unpredictable. Sometimes things are more expensive than you planned for. Other times it’s cheaper.
What happens if I have to go to court?
Trying to settle things without going to court is often best. However, if that fails, your family lawyer will be able to attend court for you.
Am I guarantee to get child custody if the other spouse drinks too much?
There are no guarantees in litigation.
Is there an agreement I can sign with my spouse to improve the situation?
You can sign a separation agreement with your spouse. The courts will have to approve the child custody clauses. This is to make sure the agreement is in the best interests of the child.
There are three ways to reach us:
- Reach out via the live chat function
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In conclusion, if you want to learn more about family law in Alberta, see our videos.
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