Is a Divorce Better when seeking Shared Custody?

Anonymous Asked:

Hello,
When a Father is seeking Shared Custody with the Mother (who will not willingly agree to this despite the Father being active in the child's life), is it helpful for the Father to divorce the Mother or does it matter? They have been legally separated for 2 years now and the Father is in a new common-law relationship.
Thank you!

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Stuart Zukerman

10 years ago

Is it irrelevant whether the claim for joint custody and or joint guardianship and or shared parenting is made under the Divorce Act or the Family Law Act of BC. Essentially the same legal considerations apply – the best interests of the child. The more involvement you had with the child up until separation or following separation, the more likely you are to be awarded joint custody or shared parenting.

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