“Divorce or separation is not the end of a family. It is merely a reorganization.”
Following a separation or divorce, you will have important decisions to make regarding your children, such as child custody. When parents cannot agree on a custody arrangement following their separation it is left for the Court to decide. Your child custody lawyer will discuss all of your options with you and relentlessly fight for your rights.
The guiding principles in determining child custody are the best interest of the child. The Court may also look at parental capacity and ability. There are several different types of custody arrangements, ranging from sole custody, with or without access rights, to joint or shared custody.
It is important to remember that as parents, you have rights and responsibilities toward your child. Primary among these are to provide for your child’s education, to feed them, see to their health and safety and choose his or her school.
While many parents fear losing decision-making ability after a separation, in Quebec parents continue to exercise parental authority even if they’ve separated; they usually continue to do so jointly in the case of shared custody and may continue to do so with some modifications if other custody arrangements are determined.