Children are the biggest concern when a couple gets divorced. Things like their future, the influence of this thing on their mind, etc. are certain things that are the biggest concerns for the couple. Next comes child custody. This thing becomes difficult to deal with when you are already broken emotionally, and you both don’t mutually agree with each other. Also, there are numerous things you need to know about child custody before you dive into the legalities of the same. And this article will exactly give you clarity about the same.
What does Child Custody mean?
Child custody simply means taking care of a child and making decisions on the child’s behalf whose parents aren’t together anymore.
In certain cases, parents mutually agree on joint custody, whereas, in other cases, they follow a legal approach to decide over sole custody. If you as a couple decide to follow a legal approach, then you must know that the court will take into consideration the numerous factors before coming to the decision.
A parent who receives child custody will have a child alongside him/her all the time. However, a parent who doesn’t get child custody gets the right to visit the child at regular intervals. Also, he can call the other parent at regular intervals to ask about the well-being of the child.
What are the Child Custody types?
Now, check out the child custody types below.
- Full Custody: A full custody implies that the parent getting the custody is solely responsible to make the decisions about the child. However, the other parent must be kept informed regarding the child’s well-being and several other important things about the child.
- Joint Custody: This custody type implies that both parents are equally responsible to make decisions about the child’s well-being. In this custody type, a child gets to spend time equally with both, mom & dad.
- Shared Custody: When a child stays with the parent 40% of the time, it is termed shared custody. However, certain calculations come into the picture in this custody type.
- Split Custody: Split custody is just another form of joint custody. This custody comes into the picture if a couple has more than one child. Under this custody, one child remains with one parent, and the other child remains with the other parent. In certain cases, a child permanently remains with one parent, while in other cases, the rotation policy comes into the picture.
However, the court only decides on this custody type if both parents agree. This is because it requires an immense amount of understanding and staying away from the siblings might also have an adverse effect on the child’s mind.
The court analyzes numerous factors before deciding on the custody type. If there is any proof of abusive behaviour of any parent, full custody might be the outcome. If both parents mutually agree, joint custody might be an answer.
Factors Playing a Decisive Role in Child Custody
Now, check out the factors that play a decisive role in child custody are as follows.
- Past Behaviour: This is one of the most important factors taken by the court into consideration when deciding custody. If any proof of abusive behaviour is found, the court always decides to go with sole custody.
- Child’s Age: This is another important factor deciding child custody. The child’s age is taken into consideration to give a decision in the best interest of the child.
- Child’s Wish: The child’s wish also matters when it comes to deciding the custody. The relationship of the child with the parent also has an influence on deciding the child custody.
- Finances of Parent: Next, the financial ability of the child to take care of the child is also taken into the consideration. The finance of a parent is an important factor that decides the ability of a parent to take care of the child.
- Physical Challenges Do Play a Part: Chances of a parent getting the custody subsides if you are physically challenged. Agreed, you love your child a lot and you would leave no stone unturned to take care of your child, but the court always thinks about the long-term well-being of the child.
There are several other factors that the court considers before coming to a verdict of the child custody case. However, these are primary factors that play a decisive role.
As mentioned, the court considers numerous factors before giving a verdict of child custody and psychological assessment is one of them. To decide the best for the child, the judge carries out a psychological test under which a psychologist will meet the parents and child and ask several questions.
The psychologist then advises the judge regarding the verdict. The judge takes into consideration the outcome of this test seriously. Thus, the outcome of the psychological assessment is another important factor playing a decisive role in the psychological assessment test.
Who Decides Child Custody?
Next, who decides the child custody? The verdict of the child custody case comes from two places. Check them out below.
- Mutual Agreement: If a couple has no understanding issues and has found a solution that ensures the well-being of their child, there is no need of following any legal approach. Thus, mutual agreement is a way by which you can find the solution.
- The Court: If both parties don’t agree on any point, they can go to the court and follow the legal approach. However, after this, they must adhere to the court’s verdict and function accordingly.
This was all that you need to know about child custody. We hope that you are now clear with every aspect of child custody.
We understand that divorce is a tough process to deal with. And you have to be extremely careful and sensitive while coming to any decision specifically when it is about your child. If you are going through this tough phase, and if you are looking for the best family lawyer in Toronto , do reach out to us by using the contact number (647) 660-9832.