Child Custody

Divorcing spouses who have minor children must decide on how to share parental rights and liabilities after separation. There are three main types of child custody in British Columbia:

• Sole custody. Only one parent has rights and obligations in the process of raising a child, and the child resides with this parent most of the time. The second parent can live with the child for less than 146 days per year.
• Joint custody. Both parents have rights and obligations in the process of raising a child. Each party has at least 40% of the liabilities, and the child lives for at least 146 days a year with each parent.
• Split custody. If there are several minor children of the marriage, one or more children can live with one parent, while the rest of the children will live with the second parent.

The judge shall review the custody arrangement prepared by the couple or make a decision based on many factors, including:

• the involvement of each parent in the process of upbringing;
• the parent's and a child's preferences;
• the ability of parents to negotiate and cooperate in the process of making essential decisions in the child's life;
• and any other conditions and circumstances that are deemed to be significant.