Custody & Access
At the time of separation or divorce, a couple has many issues to decide upon. In case, there are children borne of the marriage, their custody and access rights need to be decided.
Arrangements for custody and access can have a huge emotional impact on your children. These decisions also influence property division, child support and spousal support issues. Having an experienced divorce lawyer by your side can help to protect you and your children’s’ legal interests.
Custody & Access- How they are different
Custody and access are completely different terms which are often mixed up with each other.
Decisions made by parents about health, education, religion, and major recreational activities for their children refers to Custody. Custody has different forms including sole custody, joint custody and parallel parenting.
A single parent is the decision maker in sole custody situations while both parents jointly take decisions in the event of joint custody. Parallel parenting has clearly defined segregated areas for which each parent is solely responsible.
Access is the actual time spent by children and parents together. It has various forms like common residency schedules and shared parenting.
In common residency schedules, one child stays with one parent in the primary residence while the other parent has visitation rights weekly at scheduled times. Shared parenting has weekly segregations as both parents are sharing responsibility for the parenting of the children.
Deciding Custody and Access
Parents usually make custodial and access arrangements themselves by mutual understanding.
If needed, lawyers or mediators are present to assist them in decision making, failing which the Court steps in to officiate.
Best interests of the children are considered by the Court while deciding on custody and access. Some factors considered by the Court include:
- Wants of a child (if the child is old enough to express his wishes and preferences reasonably)
- Parents’ physical and mental health
- Cultural and religious considerations
- Presence and continuity of a stable home atmosphere
- Child’s sex and age
- Child’ level of adjustment in community and school
How We Can Help
At Nanda & Associate Lawyers, our excellent divorce lawyers help in making effective representation for access and custody disputes. They understand your specific circumstances and provide tailored and customized solutions for each of them. Many legal complexities exist in recognizing foreign divorces, and an experienced divorce lawyer can help you to navigate better.
Our Mississauga Family Law Lawyers are available for a consultation. Come and experience our quality legal counsel and personalized care we give to each client.