Divorce and Child Custody Rights
I have recently read an internet article regarding the divorce between Nevada Governor Jim Gibbons and his wife Dawn Gibbons. The article gives details about monetary settlement between the Governor and his wife. Their children are adults and so there has not been any custody battle. However, many couples who are going to take a divorce in BC are not so fortunate. They have to deal with issues associated with custody and support of their children.
Child custody means legally appointing one or both parents to take care of children after their separation or divorce. In British Columbia, The Family Relations Act regulates all matters associated with children including child custody, visitation, guardianship, and child support. Parents can have a mutually acceptable agreement regarding custody of their children. If they are unable to reach a settlement by themselves, they can seek the help of a mediator to decide on child custody and visitation rights. However, court’s decision will be the final word on this matter.
Usually, court gives custody of children to the parent who can act as primary caretaker or primary parent. Primary parent should be able to help and support children in their day-to-day activities. Parent who gets the custody of children has the right to make important decisions regarding children’s education, medical treatment, and religion. Most courts follow certain guidelines to determine the custody of children.
Non-custodial parents are usually awarded with visitation rights. They can supervise the growth of their children. They have rights to visit the children. The custodial parent cannot deny their visitation rights. However, court has the authority to rescind the visitation rights of non-custodial parents if they are found to be unfit or dangerous to the wellbeing of children.
If the court determines, parents can have joint custody of their children. Joint custody gives equal rights to both parents. Joint custody arrangements provide children the opportunity to live with both parents. Under certain circumstances, court can deny custodianship of children to both parents. In this situation, a third party will get custody of children.
Both parents need a child custody lawyer to present their case in front of a court. Actually, services of a lawyer are very essential in determining the terms and conditions of child custody and visitation rights. However, parents who are going to divorce in BC should bear in mind that a bitter custody battle can be very painful to their children.