This article is for informational purposes only and should not be considered legal advice. If you have any questions related to family law in BC, then you need to seek the guidance of a qualified family law lawyer on the facts specific to your case.
Child Custody
The process of obtaining child custody in cases of divorce in British Columbia involves several steps. Firstly, parents must determine the type of custody arrangement that best suits the child's needs. This could be sole custody, where one parent has the primary responsibility of the child, or joint custody, where both parents share responsibilities.
Once the type of custody is determined, the parents may attempt to negotiate an agreement. If an agreement is reached, it is typically formalized in a written parenting plan that details the child’s living arrangements, visitation schedule for the non-custodial parent, and how decisions about the child will be made.
If parents are unable to agree on a custody arrangement, they may seek the assistance of a mediator or a family justice counsellor to help negotiate an agreement. If an agreement still can't be reached, either parent can apply to the court for a custody order.
When deciding who should get custody, the court considers several factors, all focused on the child’s best interests. These factors include the child's health and emotional well-being, the child's relationships with parents, siblings, and other important people in their lives, as well as each parent's ability to care for the child.
It's important to note that the process of obtaining child custody can be complex and emotionally draining. Therefore, seeking the services of a skilled family law attorney is highly recommended to guide you through the process and advocate for your and your child's rights. Having a legal professional by your side can provide you with peace of mind and ensure that your child's best interests are taken into consideration.
In cases where both parents are deemed unfit or unable to properly care for the child, the court may grant custody to another family member or even a state-appointed guardian. However, in most situations, joint custody is often preferred as it allows both parents to maintain a meaningful relationship with the child.
It's also important to understand that custody arrangements can be modified in the future. If there are significant changes in circumstances, such as one parent moving away or a change in the child's needs, it may be necessary to revisit and modify the existing custody agreement. Therefore, it's crucial to have a thorough and detailed custody arrangement in place that considers all possible scenarios and provides a fair and reasonable plan for both parents and the child.
Once the type of custody is determined, the parents may attempt to negotiate an agreement. If an agreement is reached, it is typically formalized in a written parenting plan that details the child’s living arrangements, visitation schedule for the non-custodial parent, and how decisions about the child will be made.
If parents are unable to agree on a custody arrangement, they may seek the assistance of a mediator or a family justice counsellor to help negotiate an agreement. If an agreement still can't be reached, either parent can apply to the court for a custody order.
When deciding who should get custody, the court considers several factors, all focused on the child’s best interests. These factors include the child's health and emotional well-being, the child's relationships with parents, siblings, and other important people in their lives, as well as each parent's ability to care for the child.
It's important to note that the process of obtaining child custody can be complex and emotionally draining. Therefore, seeking the services of a skilled family law attorney is highly recommended to guide you through the process and advocate for your and your child's rights. Having a legal professional by your side can provide you with peace of mind and ensure that your child's best interests are taken into consideration.
In cases where both parents are deemed unfit or unable to properly care for the child, the court may grant custody to another family member or even a state-appointed guardian. However, in most situations, joint custody is often preferred as it allows both parents to maintain a meaningful relationship with the child.
It's also important to understand that custody arrangements can be modified in the future. If there are significant changes in circumstances, such as one parent moving away or a change in the child's needs, it may be necessary to revisit and modify the existing custody agreement. Therefore, it's crucial to have a thorough and detailed custody arrangement in place that considers all possible scenarios and provides a fair and reasonable plan for both parents and the child.
