According to Canadian law, until the court makes its decision, both parents have equal rights of custody to their children. One of different types of custodial arrangements can be considered, as briefly explained below.
Sole custody is an arrangement where the child resides permanently with one parent, who also has the right to make all important decisions about the child.
Joint custody awards custody rights to both parents. The child stays with each parent for an equal amount of time. All important decisions concerning the child’s welfare are jointly made by parents.
Split custody is a custody arrangement involving multiple children, where one child resides with the mother and the other stays with the father. The children may live permanently with their respective parent or each parent may spend an equal amount of time with their children.
Child custody decisions are based on a number of factors. In making their decision, courts consider the best interests of children below 18 years and after the child turns 12, usually respect their preference to stay with one parent.