Child Custody Lawyer Kelowna | Legal Help for Parents
Many parents entering a separation worry about how custody will be decided. Unfortunately, myths and misinformation often make things more confusing. In this article, we’ll debunk common child custody myths and walk you through how custody cases work in British Columbia. Whether you’re negotiating parenting agreements in Kelowna or preparing for family court, understanding the facts can help you make informed decisions.
Myths About Child Custody in BC
Myth #1: Mothers always get full custody
Fact: In BC, family law prioritizes the best interests of the child—not the gender of the parent. Fathers and mothers have equal rights when it comes to applying for custody or parenting time.
Myth #2: If my ex doesn’t pay child support, I can withhold access
Fact: Parenting time and child support are legally separate issues. If your co-parent isn’t fulfilling their support obligations, you must address it through legal channels. Denying access could backfire and hurt your position in court.
Myth #3: Children can choose who they want to live with
Fact: A child’s wishes may be considered, but they are just one factor. Judges weigh maturity, age, emotional well-being, and the overall situation to determine the child’s best interests.
Myth #4: We agreed on custody informally, so we don’t need a lawyer
Fact: Informal agreements often fall apart when circumstances change. Without a legally binding parenting agreement, you may face future disputes. A lawyer helps ensure the agreement is enforceable and balanced.
How Child Custody Works in BC Family Court
Step 1: Understanding Custody and Parenting Agreements
“Custody” generally refers to the authority to make key decisions for a child, such as education, healthcare, and religious upbringing. A parenting agreement lays out the details of how parenting time and responsibilities are shared.
Step 2: Negotiating a Parenting Agreement
Parents may reach a parenting agreement on their own or with legal guidance. Mediation is encouraged to resolve disputes outside of court. These agreements cover living arrangements, visitation schedules, and decision-making responsibilities.
Step 3: Filing for Custody in Family Court
If agreement isn’t possible, one parent may file a custody application with a family court in BC. The court will then begin reviewing the case.
Step 4: Court Hearings and Custody Determinations
Judges examine a range of factors, including:
- The child’s emotional and physical needs
- History of caregiving and stability
- Parenting abilities and willingness to cooperate
- Any risks or history of family violence
Courts generally prefer shared custody unless there is evidence that it would not be in the child’s best interest.
Step 5: Enforcing or Changing Custody Agreements
Once a custody or parenting order is in place, both parties must follow it. If circumstances change—such as relocation, job loss, or safety concerns—you may apply to modify the agreement. Legal guidance helps ensure the process is fair and legally compliant.
Practical Tips for Parents in Kelowna
- Document all parenting interactions: This can support your position during negotiations or court proceedings.
- Put your child’s needs first: Prioritize stability, emotional well-being, and ongoing relationships.
- Seek legal guidance early: Don’t sign informal parenting agreements without consulting a lawyer.
FAQs About Child Custody in BC
What does the court consider when awarding custody?
The child’s best interests come first. This includes parenting ability, emotional support, stability, safety, and past caregiving involvement.
Can a custody agreement be changed later?
Yes. If your life situation changes significantly, a court can review and adjust your parenting agreement or custody order.
Why Work with a Child Custody Lawyer in Kelowna?
- Legal guidance for parenting agreements in Kelowna
- Court representation from experienced family court lawyers
- Practical support that prioritizes the best interests of children
- Help with enforcement or modification of existing custody agreements
If you need legal support for child custody, contact Bryshun Mace today for tailored advice on parenting agreements and family court representation.
Disclaimer:
This article is for informational purposes only and does not constitute legal advice. For personalized legal guidance, consult a qualified lawyer.
