Both the parents assume that the spouse has to accept their rights on the child. This presumption will not work as the child custody and support rights in Canada are clearly specified. It is the responsibility of the parents to know these rights and take care of the child custody issue.
Many people commonly believe that the caretaker of the child will be given the custody rights for the child. You may be a caretaker and you might have already played an important role in bringing up the child but if you are not aware of the child custody rights in Canada, you cannot demand that the child should be kept under your custody. The law says that one who gets the legal custody right is granted with the child support and custody rights in Canada.
Sometimes the court may give temporary orders providing custody rights to one of the parents. This is not a permanent decision and there is no assurance that the same parent will be given the child custody rights in Canada. It is not that only the parents can claim custody rights on their child. The grandparents or relatives can also ask special permissions to take the custody of the child but this can be granted only if the parents are denied access completely because of misconduct or abandonment.
As with any other country, the child custody rights in Canada give much importance to the interests of the child. However, if the child is below 9 years of age, his interest is not considered very seriously. The benefits of the child are taken into consideration by the court and the parent that is found to have more plus points is granted the rights. The child custody rights in Canada do not encourage the separation of siblings unless it is demanded by the situation. The court may change the custody rights at any time but it happens very rarely.
As the concern is more for the child, the child custody rights in Canada allow parents who can spend more time with the child to take the custody. It is obvious that the child has to be with the parent often so that it is safe and protected. Most of the day care for the child is provided by the mother and in most of the cases, the mother has won the child custody right sin Canada.
However, if a grown up child demands to stay with its favorite parent, then the court will not object that. But even in this case, the conduct of the parent is taken into serious consideration. Only if the conduct of the parent is good, he is given the child custody rights in Canada. If the feedback is bad or he parent has bad credits, then he or she is denied of taking the custody.
Even though the custody rights are given to a parent, the court does not restrict the other parent’s relationship with the child. The child custody rights in Canada care, more for the bonding between the child and its parents. At any cost, the court is not willing to break the child’s heart and give the sole custody to a single parent. Custody is preferably given to the parent with similar race and culture of the child. The court ensures that the parent taking the custody is willing to respect and foster the culture identity of the child.
While granting custody, the court will ensure that both the parents will have equal access to the child. The other parent who is not granted the child custody rights in Canada should never be denied of meeting the child. If both the parents agree to communicate and take collective important decisions regarding the child’s future, the court may grant joint custody. In lieu of conflicts in this case, the court will take the responsibility of granting sole custody to one of the parents.
Sole custody with joint guardianship is also granted where the custody lies with a single parent but all important decisions can be made after discussion with the other parent. For any disputes, the final decision will be made only by the parent who is granted the sole custody.
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