Understanding Custody
Most parents understand that their children need to be top priority during a marital breakdown. However, they often struggle with showing this in their actions. Their family and their welfare of their children should be the top concern for both parents during a marital breakdown whether it is a separation or divorce. And while many parents have a lot of fears associated with their children when it comes to separation, because they are afraid of losing a child to the other parent. Or they are fearful of losing that child to another person that might come into that child lives and be a parental figure. However, the welfare of the children should be a top priority, and parents need to learn how to put their fears aside.
Ultimately, parents need to understand that whatever is in their children’s best interest is going to be in everybody’s best interest. Therefore, parents need to fully understand custody in order to end up with an arrangement that is fair not only for themselves, but most importantly what is fair for their children. What is best for their children should be everybody’s top-of-mind.
parents need to understand that there are going to be two different types of custody Arrangements that they can enter into. One is sole custody, where one parent has custody of the child more than 60% of the time. When this is the case, child supports must be given as per the federal guidelines. Or, more commonly, parents are sharing custody. This is when the splits is either 40 and 60%, or 50 and 50%. In these cases, child support may not necessarily be according to the federal guidelines. This is because often parents understands that if they are sharing custody of their children, they are both contributing fairly to the food, clothing and shelter of their children’s well-being.
However, parents do need to take into consideration if they have dependents Children of the marriage, and how long those children will be dependant for. One mistake many people often make isn’t thinking that their children are over the age of majority in the province, and therefore they are no longer Children of the marriage. This is not true, because children will remain Children of the marriage if they are going to post-secondary institutions. And they will remain Children of the marriage if they are either ill, or disabled and cannot be released from the parents charge. This is very important to note, because it may significantly change the custody or the child support Arrangements if a parent is have to have custody of, or pay child support for considerably longer than they were expecting.
It can be a very difficult situation to navigate. However, parents who are having a difficult time either knowing what the law is, or knowing how to come to an agreement should come to mediation. Mediation can help ensure that a fair situation is arranged, by everyone.
Understanding Custody
There are many different things that couples need to take into consideration when they are divorcing and there are dependant children involved. It can be a very difficult situation to navigate, especially if the marriage breakdown has both parents failing to communicate well. However, one of the most important things that they should take into consideration is the welfare of their children, and set aside their own differences so that they can come up with an arrangement that isn’t fair for their children, because that is going to be fair for all.
It is extremely important that parents realize that while custody is something that they can figure out for themselves,child support is a little bit more federally-mandated. Therefore, parents needs to navigate the Waters of arranging and agreeing to custody first. Custody is going to inform what child support is being paid too, and so parents need to ensure that they are coming up with an arrangement that they are both happy with first.
Parents may also have a difficult time coming to an agreement, and this is where they can come to Miller Boileau for mediation. However they come to the agreement, it is of Paramount importance that both parents actively negotiate this. Because the alternative is to have the courts figure it out on their behalf. The reason why this is not recommended since Miller Boileau is because parents should not relinquish their right to have a say in how their children are being raised. Even though the courts will make a decision that is in the child’s best interest, that ultimately should be decided by the parents. And parents will not be happy with a judge figuring out where the children will live, what school they are going to be going to, and how much time the child is going to spend with each parents. This is why it’s extremely important for parents to actively negotiate this instead of letting the courts make that decision for them.
When parents have figured out the custody of their children, they can then go on to figuring out child support. If one parent has sole custody, they are simply going to pay the basic child support as outlined on the Federal Government website. This looks at the income of each parents, and who has custody, and how many children there are. It is a direct calculation. If parents have opted for shared custody, they will be able to have a little bit more flexibility in the child support that they come up with.
It can be a very overwhelming experience, trying to negotiate a separation or a divorce. The inclusion of dependant children can make this a lot more difficult as well as a lot more emotional. However, when both parents can act reasonably, and in the best interests of their children, they will be able to end up with their children having the best case scenario.
Early in her legal practice, influenced by her late uncle who was a Justice of the Court of Queen’s Bench, Marla Miller, K.C. became a Family Law Mediator. She has been helping families through mediation for over 30 years. In 2001 she, along with Pierre Boileau, K.C. and others, was one of the founding members of the Association of Collaborative Professionals (Edmonton). She has been an active volunteer with that Association ever since.
One of the first Family and Divorce Lawyers in Edmonton to make a commitment to give up litigation as an option, Marla remains passionate about helping her clients settle outside of court by finding agreements that meet their needs and interests. As both a Registered Collaborative Family Lawyer and a Registered Family Mediator, Marla is one of the most experienced family Mediators in Edmonton.