Quebec

Child Custody in Quebec

12 min read
Updated

Parental Authority

Under Quebec law, both parents have parental authority - the rights and duties to care for, maintain, educate, and make decisions for their children. Divorce doesn't change this; both parents remain responsible for their children.

Custody Arrangements

Quebec courts can order sole custody (one parent has primary residence and decision-making), joint custody (shared decision-making), or shared custody (significant time with both parents). The arrangement depends on the children's best interests.

Best Interests Standard

Quebec courts consider the child's age, health, emotional ties with each parent, stability, each parent's availability and parenting ability, the child's preferences (considering age and maturity), and any history of family violence.

Access Rights

The non-custodial parent typically has access rights. Quebec also recognizes grandparents' rights to maintain relationships with grandchildren under certain circumstances - this can be litigated if parents obstruct access.

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