Quebec Custody Laws
- When a couple in Quebec make the decision to get a divorce, there are a number of regulations each party will have to consider when it comes to child custody. Hiring an attorney to expedite the divorce process will definitely bring about a greater understanding of child custody laws in Quebec, but it is also ideal for the couple to read additional information concerning the laws in order to know what to expect when determining custody of children.
- The Quebec courts look to see which parent would be most qualified to gain custody of the children based on a number of factors. The best interest of the child is always considered first, which usually means that the parent who is the most financially and mentally stable will be responsible for caring for the children. The parent who was the primary caregiver to the child during the couple's marriage is also likely to be awarded custody. If a judge in Quebec has reason to believe that one parent has practiced alienation--meaning speaking negatively about the other parent to the child--this could result in a change of primary custody.
- According to Quebec Child Support guidelines, parents have shared custody of a child when the child lives with either parent at least 40 percent of the time. This is an ideal custody arrangement if the mother and father of the child live close to one another, and the child will be able to thrive mentally and physically in either home. In cases where the ex-spouses do not get along well, the Quebec courts may order that minimal contact be established between the two parties, and that contact will only be for the purpose of discussing matters related to the child.
- In order to assist a Quebec judge in making a child custody decision, custody assessments may be presented in court. These assessments include a psycho-legal interview that is given to both parents to determine each parent's ability to properly care for the child(ren). Children are also interviewed during the assessment, so that an expert can determine which parent the child feels more comfortable living with. Experts can not be bribed or forced by either parent to give the results of the assessment to the judge, and the expert's opinion must be completely objective in order to be used as a method for choosing the parent who will receive custody.