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Custody Lawyers Montreal

Child Custody Rights For Parents

Custody is one of the most difficult parts to navigate through your divorce during this time of crisis. Based on your particular situation, we will advise you as to the many different scenarios of custody that are available, from shared custody or access rights, to sole custody. We can propose the different scenarios that might work best for your family and that are in your children’s best interest.

It is important when considering the best custody arrangement that you consider your children and the scenario in which they would thrive the most. It is a challenging time for all family members and it is critical to troubleshoot how to maximize time with the other parent in consideration of everyone’s schedules, role and involvement with the children prior to the separation.

As challenging and emotional as a divorce is, as parents you have to always put the best interest of your children first. There are a few variations for Shared custody:

  1. 50/50
    1. One week/one week;
    2. 2-2-5-5;
    3. 3-4-4-3;
    4. 2-2-3
  2. 60/40
  3. 70/30
  4. 80/20
  5. Long distance schedules
  6. Holiday schedules
  7. Summer break schedules

Below is a helpful link for parents to contemplate different custody schedules in order to see what will work best for your family.

There is also the option of nesting. This is an arrangement that we offer to our clients who are concerned at first with their child/ren having to pack up a bag and keep moving back and forth from one parent to the other. This is a transitional arrangement, where one parent will move out of the house during the other parent’s custodial time and vice versa. This cannot last forever; however, it does provide the opportunity for the child/ren to adjust to the separation and adapt to being with one parent at a time, while at least being in the home that they know. This arrangement can act as a starting point.

The most ideal scenario is for both parents to make the decision together as to what arrangement would be in their children’s best interest. However, if that is not possible, the court will decide based on what it deems would be in the child/rens best interest. In the event that the Court must make the decision of having to choose between the parents in the event of a scheduling conflict, relocation of one parent to another city, province or country, the Court will favor the parent that has demonstrated during trial that they will facilitate and provide maximum contact to the other parent whenever possible. That means for example, respecting the custody schedule to a -T-, facilitating daily phone calls, ensuring that the child/ren remains in contact with the non-custodial parent’s family etc.