British Columbia Divorce Information

Recently, there has been a news that a 35-year-old father in Chicago was accused of violating a temporary restraining order “that says he can’t expose his 3-year-old daughter to any other religion than Judaism. During divorce, it is very imperative to pay special attention to the matters related to children as they appears to be the most sensitive as well as complex issues associated with divorce. Many parents who decide to divorce in British Columbia may find it very hard to deal with disputes over custody of children.

If parents are unable to resolve the issue of child custody by themselves, then it is the discretion of the court to decide who should get the custody of children. There are several factors the court takes into account when deciding the custody matters. These factors include but not limited to age and sex of children, the emotional attachment between children and parent, children’s preferences, mental condition of children, parent’s mental and physical health, and life style of parent.

There are mainly four types of child custody, physical custody, legal custody, sole custody, and joint custody. As a general rule, the court gives physical custody of children to one parent while the other gets visitation rights. The parent who obtains the physical custody has the right to live with children. Legal custody gives the parent the authority to make decisions regarding important issues related to children including their medical coverage, education, religion, and welfare needs. It is the responsibility of the primary parent to provide food, cloth, and shelter to the children.

In a sole custody, a parent gets full custody of the children. Usually, the courts award sole custody to a parent when the other parent is not fit to take care of children. If both parents are on good terms and do not have any hostility towards each other, they can apply for a joint custody of children. In a joint custody, both parents have equal responsibilities and rights over children. Usually the child lives with one parent and the other parent enjoys free access to the child. Sometimes, the child will live alternatively with both parents.

Mostly, the parent who is able to take care of the day-to-day activities of children and can provide them a stable environment will get the custody of children. Anyway, if you are going to apply for a divorce in British Columbia and want to raise claims for custody of children, try to reach an agreement with your spouse. If it is not possible, contact a family lawyer. A lawyer can help you to get the custody of your children.