Child Custody Lawyer Edmonton
When parent’s separate, one issue is typically at the top of their list to resolve quickly. “Who gets custody and what are my rights?”
The word custody however means the arrangement in which the parents share responsibility for important decisions in their children’s lives (such as those surrounding medical treatment and schooling). Both parents have joint legal custody of their children. It is only in very rare and specific circumstances that a Court may decide that in the best interests of the child that one parent should be awarded sole custody of the child(ren).
I’m here to help you understand your legal rights and achieve the best possible outcome for you and your family. I specialize in both child custody and child support legal services.
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Child Custody FAQ
What's The Difference Between Custody And Access Time?
In more common scenarios, when a parent asks us about their child custody rights, we clarify the distinction between custody and access time. Parenting time is what most parents are concerned about when they are seeking a child custody lawyer. When one parent has the child(ren) on a day to day basis, it does not mean they have full or sole custody of the child(ren). It simply means that they are the primary caretaker of the children but both of you will be legally responsible for joint decision making such as for medical treatments, decision of schooling and their practices of religion if any.
The parent who is not the primary caretaker is considered the access parent. An access parent may have time defined on the weekends from Friday evenings to Sunday evenings including statutory holidays and defined time during holidays. The access time might be every week or every other week.
What Does A Child Custody Lawyer Do?
A child custody lawyer can help you obtain the parenting time you deserve to have with your child(ren). When the parents separate, initially one parent might have the child primarily on the weekdays from Monday to Friday, but the other parent wishes to have equal or shared parenting.
As a child custody lawyer, I can assist you with working towards a plan where you are able to maximize your contact with the children. The Court will always consider what is in the best interests of the child(ren). If you are a hard working, dedicated parent, and not a risk to the child(ren), the Court is of the general opinion that the child(ren) having maximum time with both parents is in the best interests of the child.
Will I Have To Go To Court?
An effective and efficient means of resolving the issues of child custody and parenting is always outside of Court. However, I recognize that during a high stress and emotional situation as this, one parent may be reluctant to cooperate and share parenting. In situations like this, as your child custody and parenting lawyer, I can assist you with advocating your position in Court. As a child custody and parenting lawyer, I have experience in both Provincial Court and the Court of Queen’s Bench. I have conducted trials in Provincial Court and various parenting applications in both levels of the Court.
What's The Benefit Of Working With A Child Custody Lawyer?
It is often the case, that a parent may not obtain a parenting order that favours them because of self-representation or with misleading allegations by the other parent. It is important and vital that you obtain a child custody and parenting lawyer to represent you in these matters. I pride myself with strong oral advocacy skills required to provide you with an effective voice in Court.
How Are Child Support Payments Determined?
Parenting arrangements can also effect the amount of child support that is paid. When one parent is the primary caretaker, the access parent is obligated to pay the full amount of child support as per the Federal Child Support Guidelines. The calculator can be found by clicking here https://www.justice.gc.ca/eng/fl-df/child-enfant/2017/look-rech.aspx.
However, if the parents have a shared parenting regime, then the Federal Child Support Guidelines state a different method of calculating child support. Child support is then calculated by calculating both parents income and offsetting the amount.
For example, if the parties have one child and Parent A has an income of $80,000, Parent A has an obligation to pay $698.00/month for child support. If Parent B has an income of $50,000, Parent B has an obligation to pay $412/month for child support.
Because the parents have a shared parenting regime the child support obligations are offset from one another ($698-$412). Therefore, Parent A pays child support to Parent B in the amount of $286/month.
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