Legal Custody of a Child

Legal Custody of a Child

The definition of custody is the right of determining the residence, protection, care, and education of a minor child or children, especially in a divorce or separation. When you have custody of a child, that child lives with you, and you have the right to make decisions for the child. Unless the court orders otherwise, both parents are joint guardians of any children and have equal rights to custody of the child. Custody should always be arranged so that it is best for the child involved.

Child custody can be:

Sole, which means one person is awarded custody

Joint, which means more than one person, usually both of the child’s parents share custody of the child, and have equal rights and responsibilities for the child

Split, which means the parents each have custody of a child, (the mother will have custody of one child, and the father has custody of a different child)

Shared, which means the parents have joint custody and the child splits his or her time with each parent equally.

A parent with legal custody of a child is responsible for many things involving the child. Some of these responsibilities will include medical decisions, choosing what school the child will go to, choosing a daycare or babysitter, choosing after school activities.  Sometimes one parent will have sole custody, and in other cases the parent will share joint custody. The non- custodial parent will usually have visitation rights known as access. The Supreme Court of Canada has ruled that if the custodial parent wants to move with the child, the court must be satisfied that the move has the child’s best interest in mind. Every decision that is made must be in the best interests of the child. Child custody and child access are the right of the child, not the parent.

If a child wants to be heard in a court of law, the court will appoint an advocate to represent the child. This is to avoid the child testifying in court or swear an affidavit. This role is fulfilled by the Office of the Children's Lawyer who is responsible for representing minors in legal matters.

Taking on the legal responsibilities of raising a child is a big decision and one that requires you to put the best interests of the child first. Having a child in any circumstance is a huge job, but when parents split up there is one parent who usually takes on most of the responsibilities for the child. Parents  need to remember that they have legal responsibilities for the child. Since children depend on their parents or caregivers for everything, there are laws requiring parents to do so.

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