Regina Child Custody Lawyer
Custody battles are scary and stressful. It’s important to have a tough child custody lawyer on your side who is willing to fight for your right to have a relationship with your child. If you’re fleeing from domestic violence you also need a lawyer who will help you protect your family.
No matter what your unique situation is, Regina family lawyers can help. Our team knows the ins and outs of custody law and knows how to help you put your best foot forward with a judge who will be tasked with deciding what is in the child’s best interests. Before a full-blown battle erupts, we may also be able to help you put together co-parenting plans that both you and your ex will find acceptable.
How do I Get Sole Custody in Saskatchewan?
There is a difference between sole custody and being the child’s primary residence parent. Sole custody arrangements are rare. A sole custodian has both full physical custody and full legal custody of the child, and the other parent has no right to make any decisions for that child.
Saskatchewan courts favor joint custody agreements. Both parents have nearly 50/50 access to the child, and both parents have the right to make legal, financial, educational, and medical decisions on the child’s behalf. This may also be called shared custody.
The only time the courts would consider sole custody to be in the best interests of the child would be when the other parent presents a danger to that child or is an unfit parent. You would have to prove the other parent is unfit. Even then, the parent would most likely get supervised visitation with the child.
What is an Unfit Parent in Saskatchewan?
An unfit parent is a parent who puts their child in some kind of danger with inappropriate behavior. Most often this would be through alcohol abuse, drug abuse, or domestic violence, but there are other markers. For example, a parent with a history of neglectful behavior or poor judgement may also be declared unfit. So might a parent with a history of untreated mental illness.
The people who your ex lives with can be taken into consideration as well. For example, if your ex lives with a relative or with a new significant other the court can consider whether those individuals may be dangerous to your child.
The court also considers the parent’s willingness to foster a healthy relationship with their co-parent. Saskatchewan takes a dim view of parents who try to keep their child from having a healthy relationship with both parents. Failing to comply with access orders, for example, can result in the wronged parent being given primary residential custody or even sole custody.
Can My Child Decide Which Parent They Want to Live with?
The court will take the child’s preference into consideration, but the child’s decision is not an automatic “win” for either parent. It’s one of many factors the court considers. Older children’s wishes may receive a little more weight than younger children, but there isn’t even a certain age at which the child’s preference is more or less helpful to the case.
The court takes the best interests of the child into account given all available information and factors.
Get Help Today
Our team is standing to get you an appointment and to get you matched with your Regina child custody lawyer. Call (306) 791-2161 today.