After the separation or divorce, one of the most changeling issues for a couple is child custody. According to Canadian law, the central court mainly focuses on the child’s best interest when they have to decide the child’s custody. Depending upon the situation, child custody can be various.
That is why it is very important to know about different kinds of child custody in Canada according to a Child Specialist Lawyer in Edmonton. Not only It will help you during the separation, but also you will know how to get the proper custody of your children. So that you and your child both can be beneficiaries from that.
So in this article, we are going to explore different kinds of sole custody in Canada and also everything about sole custody that you need to know. Keep reading for more.
What is Sole Custody?
In general, child custody means a legal relationship between the parent and their children. Basically, the word custody refers to the legal rights of the parent. So they can take care of their children legally. Also, these legal rights include a lot of things, such as residence, education, religious upbringing, and so on.
On the other hand, sole custody is a type of custody where a parent has the full right to keep his or her child with them. So that their child can live with them permanently and in sole custody, the custodial parent can make all the decisions for their children regardless the other parent approves it or not. But in some cases, the other parent also has some right to visitation and many more.
How to Get Sole Custody of a Child?
Usually, in Canada, the family judge always prefers joint custody over any other child custody. Because in joint custody, both parents can be involved in raising up their child. But the final decision will be decided by the court. But they always try to focus on the child’s best interest.
For parents who just got a divorce, it is always challenging for them to get sole custody of their child. Even most of the parents do not know how to get it. In some cases, this may affect the child’s mentality. That is why getting child custody is like a legal battle.
In order to be awarded sole custody of a child, you need to prove why the other parent is unfit for your child. And the reasons can be several here. Some of them are in the following.
- Financial crisis
- Mental health issues
- Mental illness
- Alcoholism
- Drug abuse
- Domestic abuse
- Physical or sexual abuse
- Incarceration
In some cases, one parent may seek sole custody for any selfish reason. In that case, that parent needs to definitely prove to the court the child’s best interest. Also, it needs to be proved that the other parent is negligent, unfit for the child, or abusive in any way. If that’s the case, then the court may award you with sole custody.
Sole Custody vs. Full Custody: What is the Difference?
Basically, sole custody and full custody is used for the same action or meaning. They refer to the same thing. But in some provinces, full custody doesn’t refer to any kind of legal significance. But in general, full custody is mainly referring to sole custody. And in sole custody, one parent will have full rights over their children. So the child can live with them permanently.
It is also a very important point to remember that the different jurisprudence explains or defines the custody definition differently. That is why in some jurisprudence, sole custody and full custody are not the same things. But in reality, they always refer to the same meaning.
Understanding the Physical Sole Custody and legal Sole Custody
You always need to remember that sole legal custody is quite different from sole physical custody. In the physical custody, the child’s residence will be with the custodial parent when the other parent can access some visitation rights (i.e., vacation, sleepover). Even sometimes, the other parent does not get those rights for issues like abuse, neglect, or mental instability.
If one parent has the sole physical custody, it doesn’t always mean that the parent has all rights to make every decision about their child. Because for that decision that parents also need to have sole legal custody.
Usually, the court awarded both of them together. But in some cases, it also can happen that one parent has the physic Pros and cons of getting sole legal custody in Canada: al custody but not the sole custody or vice versa.
Pros and Cons of Getting Sole Legal Custody in Canada
Even though sole legal custody allows one parent to have some right to their children, those rights can include the rights of decision-making, important issues, and so on. Despite having those rights, it also has some drawbacks too. So below are given some pros and cons of getting sole legal custody in Canada.
Pros of Getting Sole Legal Custody
- It limits the parental conflict because the communication between other parent and child is so limited.
- When the custodial parent makes any important decision, it is way easier to make because only one party is involved here.
- It creates more stability for the children.
- It reduces the conflict in order to make a major decision.
- It also makes sure the safety of the child.
- It eliminates the confusion in social upbringing.
Cons of Getting Sole Legal Custody
- It can be heartbreaking for the other parent who is not awarded sole legal custody.
- It can be a source of emotional resentment.
- It can be hard for the custody parent because s/he needs to make all the major decisions alone.
- It may limit parental care.
- It also can cause mental strain for the children.
- Both parents may need to go through hardship for custody.
Is Sole Custody Hard to Get?
Getting sole custody can be so challenging for one parent. Because when one parent awards as a custodial parent, then he or she needs to deal with everything of a child. That is why it seems difficult for the one-party alone. But is it hard to get sole custody? Technically it depends on the parent.
If the parent really wants to get sole custody of their child, then they must need to prove why they need it. Because in most cases, the family court will encourage the parent to get joint or shared custody.
But if you really want your child to live with you permanently, then you may go for sole custody. In that case, you need to prove to the court that the other parent is unsafe and unfit to take care of your child. This is how you can claim the sole custody of your child.
Does Sole Custody Mean no Parental Rights?
We have already known that sole custody refers to custody when the child lives with only one parent permanently. In sole custody, that custodial parent makes all the important life decision of their child and look after them. In contrast, the other parent does not have certain rights for their child. But it doesn’t mean they will lose every right over their children.
If they want, then the court will allow them to get the visitation rights for vacation or sleepover. But in that case, that parent needs to approve it from the family court. If the court allows or approves their request, then they may able to get some rights for visitation to their children.
The Bottom Line
Sole legal custody can be a very good option for one parent when the other parent is careless, unfit, or unsafe. In some cases, some parent is so careless that they are not available to make the decision for their children. In such cases, sole custody can be awarded to the other parent.
But if anyone wants sole custody without any valid reason, then the court may deny their claim. Because the court always tries to encourage the parent to have joint custody. Because by the joint custody, both parents and child can get benefits from it. Hopefully, this writing helped you to understand everything about sole custody in Canada.
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