Because We Can Help, Child Custody in Waterloo

During the confusion of a divorce, you have a lot of important things on your mind. Though you’ve probably considered how this process will affect your children, these concerns can sometimes fall to the wayside during this painful and financially unsure time. You may assume that since you were the primary caregiver for the children during the marriage, you have nothing to worry about during the court process. However, historical care does not guarantee child custody in Waterloo and if your spouse obtains a legal order to take custody of the child, you could be left with no say in the matter. Ensure this doesn’t happen to you. Be prepared and get legal representation right away by calling the Law Offices of C. Richard Buck.

The Court Decides Child Custody in Waterloo

The outcome of any child custody dispute in Waterloo is dependent on the decision of the court. Until the court makes a decision or a custody order is obtained, Canadian law states that both parents have equal rights to all children. This means that it’s best to get the courts to grant you custody first in order to be safe from any counter motions filed by your spouse. Getting the court to grant you custody is a complicated process that requires the help of a legal professional.

Focus on the Child’s Best Interest

Just like in most other countries, the courts in Canada use one determining factor when making decisions about child custody: What is in the child’s best interest? Since this can be a rather vague idea, the court does use some secondary factors to determine what they believe to be best for the child, including each parents' existing relationship with the child and their ability to provide for them, who was the primary caregiver during the marriage, etc.

Common Custody Situations

Though each custody case is unique, and will result in its own outcome, there are some common situations in which the court seems to lean one way when making their decision. These include:

  • Stay at home mom - Often, the court will rule in favor of a stay at home mom for custody versus a working dad. This is due to the fact the court usually believes the child should be in an environment where the parent will be more present.
  • Established arrangement -  If either spouse has already taken responsibility for the child after separation but before a decision by the court, the judge will more than likely assume this to be the default living situation, granting custody to that parent.
  • Primary caregiver - If you were the primary caregiver of the child throughout the marriage and can establish this fact in court, the judge will usually rule in your favor. This is based on the presumption that you would be the most capable to care for the child since you have already been doing so.

Call C. Richard Buck today to learn more about our child custody legal services or to set up a time to discuss your case.


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