The Legal Perspective on Child Support and Custody in Calgary Divorces: Part 1
January 16, 2017
At GDE Family Law, one of Calgary's most dedicated family law and divorce law firms, we see the legal and the emotional sides of divorce every day. There's no denying that divorce is difficult, and though we make the legal process as easy and as beneficial as possible for our clients, putting the emotional pieces of your family and your life back together can take some time.
This is all the more true in Calgary divorces that involve children. No matter what the circumstance or the outcome, there is bound to be a period of emotional adjustment—and practical adjustment—as children get used to parents living in separate households and leading separate lives. We receive many questions from our Calgary clients regarding legal rights and responsibilities as parents, and we believe that a better understanding of the law regarding child custody and support leads to an easier divorce process and a faster adjustment to your post-divorce life.
While the information we provide here may not apply to your specific divorce case, we hope this general information about child custody and child support in Calgary divorces answers some of your questions, and gives you confidence to you discuss your rights and your options with your Calgary divorce lawyer.
Calgary Courts Put Child Welfare First and Foremost
In any divorce in Calgary—and throughout Canada—that involves underaged children who still depend on their parents for care, that child(ren)'s welfare is the law's primary concern. Judges in Calgary divorce cases must consider the well-being of any children in virtually every aspect of a divorce, from which ex-spouse may get to remain in the familial home to how other assets are divided to whether or not an ex-spouse is able to move out of the area and still maintain parental rights.
Children's welfare is also paramount, of course, in determining child custody in a divorce here in Calgary. In fact, Canada's Divorce Act specifically states that, when it comes to making a custody determination, "the court shall take into consideration only the best interests of the child of the marriage as determined by reference to the condition, means, needs and other circumstances of the child."
In addition to factors such as ensuring each child's safety, general health, and the ability for each ex-spouse to meet the emotional demands and time investment of being a parent, judges in Calgary may also consider factors like education, behavior, and a variety of other factors when determining what custody arrangement is best for the children. They will not consider things like infidelity or any other marital problems, nor will they consider any other past behavior on the part of each ex-spouse except for evidence of behaviors that may impact a person's ability to parent a child.
Custody Questions? Contact a Calgary Divorce Lawyer Today
In Part 2 of this article, we'll look more at what the law has to say about child custody and child support in Calgary divorces. In the meantime, if you have questions about your own Calgary divorce, please contact our office today.
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