As we discussed last week, the best interests of the child are the primary factors that helps to determine child custody issues. There are several points that are considered when the court is trying to determine the best interests of the child. These points are laid out in the Children’s Law Reform Act. We know that trying to figure out how this law applies to your case might be challenging. We are here to help you learn about the law and how it applies to your situation.
The points that the court considers when making a decision about a child custody include:
— Plans for the rearing of the child
— Stability of the environment of the home
— Emotional ties between the adults and the child
— Ability to provide guidance, necessities of life and education
— Preference of the child if the child can make them known
— Ability to accommodate for special needs
Those factors are considered for anyone who is claiming a right to have custody of the child. The adult might be a mother, father, same-sex spouse of a biological parent or any adult who meets the requirements set forth for qualifying as a parent. Child custody can be awarded to someone who isn’t related to the child by blood because the Supreme Court of Canada ruled that the child’s best interests trump blood ties.
We know that all of this can be a lot to take in. If you are in the midst of a custody battle or think that one is forthcoming, we can help you to learn your options for seeking custody of the child.
Laughlin & Company Lawyers Mediators
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