This self-centric paradigm has made our society more prone to some unconventional things. One of these is divorce or separation. Nowadays, an average marriage only lasts around seven years. The more shocking news is nearly half of the marriages end up in divorce.
According to a study, approximately 80% of the marriage in Canada ends in either separation or divorce. In Canada, the average lasting length of any marriage is around 14 years, whereas 40% of divorces are happening between ten to twenty-four years. Isn’t it shocking?
Because of the rapid increase rate in divorces, the number of single parents is increasing. And with this high rate, the custody hearings regarding children also have an upward trend.
A custody hearing is a battle between the parent and spouse, where they go to the court to resolve various issues regarding their child. In any custody hearings, parties involved are parents, foster parents, guardians, child custody lawyers, etc.
If you are in Calgary and wishing to meet a child custody lawyer to arrange the hearing, we have come up with the information you need to know.
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Basics of Custody Hearings at Calgary
Like the other states of Canada, Calgary has the same procedure for custody hearings. The main goal of this law is to ensure the best facilities for the children of single parents. Before going into deep, one needs to know the types of available child custody lawyers Calgary.
According to the law, child custody is classified into:
In joint custody, parents or guardians share all their parental responsibilities altogether and take all the decisions regarding child consulting with each other until the child is matured. But to get this type of custody, parents need come to a mutual ground where they will ensure that they are willingly sharing the responsibilities of their child equally. That’s why joint custody hearings are less complicated.
These responsibilities include where the child will live, who will bear the expenses, where they will go to school etc. Keep in mind, joint custody does not mean the child needs to live half time with each parent. Instead, parents come forward to make cooperative decisions.
By split custody, the siblings are being separated from others, and each parent gets custody of their children. This type of custody hearings involves Federal Child Support Guidelines and a complex structured procedure.
Eligibility for Custody Hearing
If any single parent in Calgary wishes to retain their children’s rights, they need to follow a complete procedure referred by the law. One can be eligible to go for the custody hearing if:
- You want to take the responsibilities of your child
- You want to get the lawful access to see your child
- Your divorce procedure has started
- Your child lives in Calgary
The Initials of Custody Hearing in Calgary
In Calgary, whenever any parent with children files a divorce paper, the first thing they need to comprehend is their child’s custody. If they can not make any mutual decision on whom will take the custody, they can urge for the custody hearing.
In this case, the court will give them two days to think and decide regarding the child’s custody. If it fails, the child will be on the hand of the Director of the Children’s Service until the verdict comes.
In this regard, the Director will apply to a Supervision Order, a Temporary Guardianship order, or a Permanent guardianship order (If the parents do not want to take any child). The Director has the right to keep the child in his responsibilities until any decisions are made.
This application is made under Section of 21.1 of the Child, Youth, and Family Enhancement Act of Canadian law, which is applicable throughout the country. Moreover, the custody hearing must be held within the forty-two days of the application.
The parents or guardians of the children have the right to urge to withdraw the application of hearing within that period if they can decide. Even the parents can consult with the child custody lawyers to have the necessary assistance.
The child custody lawyers in Calgary are good enough to assist the parents in putting their best foot forward in the hearing.
In the initial custody hearing, the court can have two verdicts as:
- Order on returning the child to the parents or guardians
- The child will remain in the custody of the Director until the dispute has its solution
Factors considered by the court in Custody Hearing Verdicts
- Which parent has been , for the most part, responsible for the care of the children up to now?
- Does either parent have issues or show behavior that would make it harder for them to care for the children appropriately?
- To ensure a standard life for the children, what kind of environment does the parent propose for the children?
- Is there any support from the family, individuals, or friends?
- What plan do the parents have on their children’s future?
- In adult children, the court will consider their wish with whom they want to live.
Keep in mind, if the parents have several child, the court will not make any verdict that will separate them from each other.
In most cases in custody hearings, the judge will choose the option which entirely facilitates the child in the best possible ways. So to ensure smooth execution of custody hearing, important things you should keep are proper documentation, application for the in-home custody evaluation, good knowledge on the family law of Calgary, and an experienced child custody lawyer.