LAWBOX: SPECIALIZED LAWYERS IN CHILDREN CUSTODY
The issue of child custody following separation is a key component of the Quebec family law system . Contrary to some other aspects of family law, in such cases your marital status governing the relationship with your spouse does not affect the granting of custody rights. As soon as the child’s parentage is established, child custody issues can arise, both at the time of separation and during the years leading up to the child’s majority. Problems related to the custody of a child may also arise when one of the parents wishes to move outside Quebec or even outside Canada.
If the parties are unable to agree on how to exercise the custody of their children in the event of a divorce or separation, it becomes mandatory to go to court to determine the best course of action. The guiding principle for determining children custody is “the best interests of the child”. This means that the court’s decision will reflect the best interest of the child and not of those of the parents. Obviously, except for certain special circumstances, it is in the interest of the child whose custody rights are challenged to flourish by having both parents in his life. It is also worth mentioning that the age of the child will be an important factor. In fact, the more advanced the age of the child, the more the court will defer to the child’s wish to live with the parent of his or her choice.
PROTECT YOUR CHILDREN AND GET ADVICE FROM OUR LAWYERS FOR SHARED CUSTODY
There are several paths to child custody rights and access after separation. Parents often agree to have shared custody of their children. Contrary to popular belief, shared custody means that each parent will get access rights for more than 40% of the time. If one of the parents has access rights of less than 40%, but more than 20%, this means that he or she has extended access rights. Anything below 20% is then referred to as simple access rights.
Whether you are seeking justice for you and your child, or simply want to protect your child’s interests, our family law attorneys will listen to your needs, protect your interests and those of your children. Our lawyers located in Montreal, Quebec will represent you assiduously before the courts.
Our family law attorneys care about your child’s well-being. Whether it’s a question of child custody in the event of divorce , or a simple separation of common-law partners, our family law attorneys will advise you on any litigation related to child custody rights.
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