Family law is very complex. To make matters worse, many myths surrounding child custody in Canada may make your conversations with your family law lawyer less productive.
Here are three common child custody myths debunked.
Myth 1: There Are Only Two Types of Child Custody
Many believe they only have two options: joint custody and sole custody. In reality, there are two more types of child custody. According to the divorce act in Canada’s Federal Child Support Guidelines of 1997, a child spends at least 40% of the time living with a parent in joint custody. In shared and split custody, this percentage can be lower. Also, different agreements can have different details about which parent gets to make which decisions.
Myth 2: The Parents Who Deserve More Time With The Child Wins Custody
It is an honest mistake to believe that the court decides the ruling in favour of the parent who “deserves” to spend more time with the child. Some people also believe that bringing more to the table increases their chances of winning. However, the Department of Justice Canada clearly states that these decisions are based only on the child’s best interest. Instead of focusing on yourself, tell your family law lawyer why you’re a better parent for your child.
Myth 3: Rulings Are Gender Biased
According to the Department of Justice statistics, around 80% of children under 12 years of age were placed in their mother’s sole custody, while only 6.6% of fathers won sole custody. Since most couples in Canada are heterosexual, it may seem as if these rulings are gender biased against the fathers.
In reality, the law goes to great lengths to eradicate any biases in judgements. As we stated earlier, the court only considers the child’s best interests. In most cases, the facts suggest that the child will be provided more care by the mother than the father. The reasons are gender biases in society and the gender differences they create, but the court rulings are as objective as possible.
Nanda & Associate Lawyers is a boutique law firm with a team of family and divorce lawyers in Brampton. We can help you better understand the law around your specific case and work with you to create a parenting agreement. We also have immigration lawyers in Canada for immigration appeals.
Want to make a parenting agreement with professional help? Contact us now!
Disclaimer:Â This article is only intended for educational purposes and shouldn’t be used as a substitute for legal advice.
