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What Is the Most Common Child Custody Arrangement?


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Interested glances. Cute chubby boy sitting at the desk next to his father and watching him draw a blueprint while smiling

Do you know what the most common child custody arrangement in Canada is? Let’s read this blog to learn the ins and outs of the most common child custody arrangement.

Child custody is a crucial issue determining children’s education, future, health, safety, etc. Therefore, you need to have a complete idea about child custody.

What Is Child Custody?

Child custody is a legal process of determining the guardianship of children after the separation of parents. The intervention of the court completes this whole process. The role of a child custody lawyer is enormous in a child custody arrangement by the court.

Alternatively, by the mutual agreements of parents, child custody is also determined outside the court. 

When any agreements do not fix child custody, the court’s intervention solves the issue. There are two proper ways of determining child custody.

Based on Agreements

If parents mutually agree on any written paper about the child’s guardianship, it is an agreement on child custody. As both parties agree on valid conditions, it will be less costly. Furthermore, the court will not intervene on such well-determined issues. 

Intervention of Courts

If the situation becomes too messy between parents and they cannot determine the custody after their separation, then the honorable court will make a necessary intervention. This route is quite costly and depends on legal justification. To solve child custody issues in court, the Divorce Act, Family Law Act, and Children’s Law Reform Act come into play. 

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What is the Most Common Child Custody Arrangement?

Joint custody is the most common child custody arrangement in Canada. In this case, both mother and father share guardianship. However, one may get higher priority, and the other may get slightly lower priority.

This way, parents can take care of their children without any problems. Parents get awarded physical and visiting custody for a fixed time. From time to time, physical and visiting custody also alters.

Moreover, joint child custody is way more beneficial for any child. Luckily, the consequences of parental alienation don’t appear in this mode. Almost 30% of child custody arrangements declaration comes for joint child custody.

Other Child Custody Arrangements in Canada

Different types of child custody arrangements are present in Canada. Let’s have a look at these types.

Joint Custody

Joint custody is the most common child custody arrangement in Canada. This practice has been prevalent for well over 30 years in family courts.

Sole Custody

When one parent gets absolute custody, it’s known as sole custody. In the case of sole custody, one-half of the parent will not have many chances to visit or see the child. Justification of sole custody may seem harsh to you.

However, such a declaration only comes if the one-half parent is dangerous to this child, who is addicted. Only in sporadic cases does a sole custody order pass by the court.

Physical Custody

The pronouncement of physical custody comes when children need safe care from any of their parents. In such a situation, one-half of the parent has the opportunity of visiting the children. The duration of physical custody comes for a limited time.

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When other persons of the family accept parents get the guardianship of a child, it is known as legal custody. Here, parents get visiting opportunities.

FAQs

Let’s check out the most relevant questions and answers on this topic. 

What Is the Best Custody Arrangement for a Child?

Undoubtedly, joint custody is the best for any child. Both mother and father can take reasonable care of their beloved child in this condition. Moreover, no further chances arise from parental alienation out of joint custody.

Who Holds More Rights in Custody?

Both parties have a 50/50 chance of getting custody, according to law. However, practically about 80% of child custody favors mothers in Canada. Only 7% of child custody goes in favor of the father. 

How Child Custody Determined in Canada?

Child custody is determined in two ways. One is by the court’s intervention, and another depends on the parents’ valid agreement.

How do Courts Determine Child Custody Arrangements in Canada? 

Firstly, the court will try to go for the shared custody arrangement. However, the court takes alternative justifying decisions based on the situation.

Conclusion

The most common child custody arrangement is joint custody. In this following way, children get reasonable care from their parents. As a result, a promising future for the child gets ensured. Above all, ensuring a bright future is the primary target of child custody arrangements.


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