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Family Lawyer Edmonton Blog


Rules of Child Custody after Divorce

A dad is his minor children’s natural guardian. The legal control of the children in the daddy lies even with the small children under their mother’s custody. Yet supervision and custody are not similar.

If the couple split, then, there arises the question as to who is the child’s guardian. The dad is the natural parent, and the mother holds the child until a certain age. Today, we will know about the rules of Child Custody after divorce. Let’s get started.

Classification of Child Custody under Rules:

Child custody may include a place to live after divorce for your children or a legal decision-maker. Families can share responsibility in each case, or courts may award only one parent. The primary words below are for enhancing comprehension of custody laws for children.

1. Physical Custody:

Custody of your kids is your right to live after a divorce with you. In a joint physical customs agreement, the right is shared between the two parents or given to only one parent in a single physical custody arrangement.

2. Joint Physical Custody:

To order that children maintain contact with either parent, Courts generally tend to grant shared physical custody. It is the standard option in certain countries and can allow a contested parent to justify why their kids must not spend time with both parents.

Families need to share their time with their children under shared physical custody. It doesn’t have to be a 50-50 division, but the court will enforce a schedule if the families can’t agree on it. Popular arrangements involve weeks, months, or holidays rotating in the home of every parent.

Joint custody requires both partners to become part of the life of their children. Evidence supports the fact that children in a low-conflict divorce go better under joint custody than single custody. However, joint physical custody may trap children in the middle of a conflict zone for high-conflict divorce with disputed parents.

3. Sole Physical Custody:

The children live with the custodial parent in physical custody arrangements only, while the non-custodial parent has visitation rights regularly. The benefits of this system are that children live in a single place forever. Strategically, both children and parents can find this less stressful, particularly in terms of schools, neighbors, and friendships.

The non-custodial parents might feel like a “visitor” over time and the visit might seem like play-times rather than regular substantive connections. However, this arrangement is less “justified” than shared physical custody because the children no longer reside with non-custodial parents.

4. Legal Custody:

Legal custody is your right to choose the way your child is educated cared for and religiously instructed. Constitutional custody may be held jointly or alone by both parents, as may physical custody.

Typically, both parents have joint legal custody following a divorce in most jurisdictions, which ensures both parents have similar rights to make decisions regarding parenting. Nonetheless, in rare circumstances, courts can grant sole legal custody to one parent. A parent with sole custody of a child is entitled to executive decisions regarding childcare.

5. Non-parental Custody:

In certain situations, family or friends can seek custody. Countries refer to this custody as “non-parental custody,” “tertiary custody,” or “guardians” by making a motion to the court, paying the fees, and sometimes sending a letter of consent to parents.

The Court reviews the record of the applicant, organizes interviews and sometimes home assessments and afterward, the judge decides in the best interests of the child.

Visitation Rules:

We divide visitation rules into two categories. Those are:

1. Visitation rules for non-parental custody:

The custodial and non-custodial parents should follow the visitation schedule established in the case of a single physical custody arrangement. Non-custodial parents can not separate their kids from their custodial parents without taking permission or otherwise have legal severe repercussions. Likewise, under typical situations, the custodial parent can not decline a scheduled visit from the non-custodial parent, also if the custodial parent does not like the new partner of the parent and so on.

2. Visitation rules for Grandparents, Step-parents, and Caretakers:

Each state has its legislation requiring the legal right of grandparents, stepparents, foster parents, and caretakers to have relations with children. Nevertheless, the laws of the Member States are specific and some are restrictive.

The several States have appropriate visiting laws that allow grandparents and other privileges to attend to meet the best interests of the child. Many states, however, limit court visits to grandparents only, and only under strict terms.

The question should be known by grandparents, stepparents, guardians, or others interested in the visitation program and in the past courts have made conflicting decisions. You can consult a lawyer if you face an obstacle to visitation.


It is in your best interest to find a lawyer, regardless of the nature of your divorce. The severity of the custody of your child should not be taken lightly, and it is not difficult to cut corners in finding the appropriate solicitor.

Professionals such as family law or divorce lawyers can help you take over your circumstances and begin your new journey with your children. Don’t worry about finding one in your area and monitoring your custody!


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