With respect to cus­tody orders, courts are always free — and even required by law — to choose reg­u­la­tions that best meet the needs of the child, tak­ing into account the needs and abil­i­ties of the par­ents. It is pos­si­ble to change a cus­tody plan if it does not meet the needs of the child or the par­ents by a sub­se­quent order. How­ev­er, this change will not be made on a whim. A judge will not change cus­tody just because you don‘t like the order. How­ev­er, if one of you moves to anoth­er province, a change can be made. Com­mon phys­i­cal cus­tody does not mean that chil­dren must spend exact­ly half of their time with each par­ent. In gen­er­al, chil­dren spend a lit­tle more time with one par­ent than the oth­er, because it is too dif­fi­cult to divide the time exact­ly in half. When one par­ent has more than half the time, that par­ent is some­times referred to as a “pri­ma­ry cus­tody par­ent.” To deter­mine what is best for a child, the court will con­sid­er: the chal­lenges of the pan­dem­ic have made spe­cial­ized child care regimes much more fre­quent. Sit­u­a­tions such as lay­offs close schools and health risks can pre­vent the estab­lish­ment of a tra­di­tion­al com­mon cus­tody regime. Here are some con­crete exam­ples: many peo­ple think that child care looks at how long a par­ent has with a child.

But that‘s not true. The pan­dem­ic has made child care more dif­fi­cult, mak­ing it even more dif­fi­cult for par­ents to make the best deci­sions for their chil­dren. Whether it is shared cus­tody, sole cus­tody or some­thing in between, par­ents must work togeth­er for the safe­ty and well-being of their chil­dren. Once you‘ve decid­ed which cus­tody war­ran­ty you want, it‘s as sim­ple in your deal as a click of a mouse if you‘re using Cus­tody X Change. The judge may also appoint lawyers for chil­dren in cus­tody cas­es. The judge will also decide who will pay for the children‘s legal fees. Phys­i­cal cus­tody is essen­tial­ly relat­ed to the child‘s day-to-day respon­si­bil­i­ty. The prin­ci­pal cus­tody also deter­mines the child‘s pri­ma­ry res­i­dence. This means that par­ents with phys­i­cal cus­tody of the child are respon­si­ble for pro­vid­ing the child with vital things such as food, shel­ter and cloth­ing. For an overview of child care and the child vis­it­ing process, see the Child Care Fact Sheet (Form FL-314-INFO). This fact sheet is also avail­able in Span­ish, Chi­nese, Kore­an and Vietnamese.

The basis of what a court con­sid­ers when grand­par­ents seek the vis­it or cus­tody of a child, a pro­vi­sion that is pri­mar­i­ly based on the needs and best inter­ests of the child. In a shared cus­tody sce­nario, both par­ents make impor­tant deci­sions about their child. One par­ent does not have the right to make a final deci­sion with­out the con­sent of the oth­er. The forms of hous­ing are sec­ondary here. Some­times, if the cus­tody of a par­ent would harm the chil­dren, the courts give cus­tody to some­one oth­er than the par­ents, because it is in the best inter­ests of the chil­dren. Gen­er­al­ly, this is a “guardian­ship” in which some­one who is not the par­ent asks for cus­tody of the chil­dren because the par­ents can­not take care of them. Click here for more infor­ma­tion on guardian­ship. Regard­less of the cus­tody regime between the par­ents, the child should often con­tact the non-cus­to­di­al par­ent. This par­ent must be allowed to make reg­u­lar con­tact, but the priv­i­lege should not be abused.

If the child wish­es to speak to the oth­er par­ent, he or she should be allowed to do so.