Guiding You Through Family Law Matters
Divorce and legal separation
Divorce and legal separation can affect a lot of aspects of your life like parental access, properties, and child or children custody. There are so many things to consider if you are planning to get divorced and you are in the stage of no turning back and the decision is already final. You want of course looking for someone who can handle your case professionally and you want your family lawyer highly skilled in handling your divorce matter.
Our representation is no one-size-fits-all approach, each family cases depend on the complexity of the situation. That is why it is important for us to collaborate with our clients and sit with them to understand the in-depth issues about the separation.
When it comes to a matter that involved your children or child custody, we can help you come up with the decision which is beneficial to your children. If you have children together, you have both the equal rights and responsibilities as parents to make sure that your children are well protected financially, physically, emotionally and spiritually.
Parents in the real scenario should share equal decision-making but it is also depending on how the law and court see the current situation. However, you both should compromise and make decisions about how your children will be raised based on the principle of child protection and their rights.
JCA will look over your situation
Some might argue that because of the closeness forged into families, the matters concerning its members can become explosive and more difficult to manage. When legal issues are thrown into the mix, family matters may become the cause of even more headaches.
During such tumultuous times in the family, JCA Law offers to be the objective eye that will look over your situation and give you sound, professional advice so that you can arrive at a reasonable conclusion. JCA Law strives to help you disentangle the convoluted webs of family law, including:
Child support and child custody
What is Custody?
We have four (4) different types of custody which include:
- Sole Custody
- Joint Custody
- Shared Custody
- Split Custody
If you have the sole custody, it means you have the full responsibilities and legal rights to make major decisions about your child or children. You have the sole custody and the other parent may or may not has the access or visitation rights.
In joint custody situations, you both have input into major decisions affecting your kids, including health, education, and religion. The residence and visitation arrangements for your children are agreed by both of you.
This type of custody works best where there are little or not a serious conflict between both parents. Under the child support guidelines
The Joint Custody is a shared-responsibilities affecting your children while the Shared Custody is not relevant when it comes to decision-making, but significantly to determine child support. How much time does your child spend between the two of you?
In Canada, we consider shared physical custody if the physical care of a child is “not less than 40% of the time”. Family law lawyers sometimes refer to this as the “40% threshold”. It is only after a parent has crossed the 40% threshold that he or she can invoke section 9 of the Child Support Guidelines. This is not calculated monthly but on a yearly basis.
The court has the discretion or decision to count time-based on family’s situation or case.
Split Custody is another type of custody arrangement. It is applicable when you have more than one child together.
What is Access?
When the court awarded to sole custody to you, your ex-partner is granted the access right. This is commonly known as visitation. If both parents have joint custody, and your child is living with you, the other party is also granted the right to access.
Access visits could be unsupervised or supervised, there is no need for both of you to be present during the visitations.
Access schedule usually spending time with kids every weekend, holidays, long weekends, school breaks and summer holidays.
Custody VS Access
Once you and your former partner have decided to file a divorce, there are a number of things you need to consider. You need to make a decision about your children custody and care. These decisions need to be resolved together based on the welfare of your children. Either you will be the sole custodian or not. If the court will grant you the sole custody, then you make all the decisions about education, religion, and other matters.
If you both decided to get divorced and want to separate, you need a skilled lawyer to make sure the child custody rights are being protected. If you want to learn more about these matters, please call us at 1 (855) 522-5290 and let us talk about how JCA Law Office Professional Corporation can help you. You may visit also our office at 168B Eglinton Ave East, Toronto, Ontario, Canada.