The basic answer is that matters relating to children are determined in accordance with what is in the particular child’s best interests. Generally judges try to maintain stability for the children such that whatever arrangement the parties had in place prior to their relationship breakdown should be maintained in the post separation period provided that it maximizes the child’s time with each parent.
In fact since March of 2013, the terms “custody” and “access” are no longer used in family law or divorce disputes. Instead the term “guardianship” & “parenting time” are used.
Generally the courts are inclined to award joint or shared guardianship of children so that both parents are entitled to be kept informed and have input into all matters relating to the children’s general health, welfare, and education. It is less common for the courts to deny a parent guardianship rights but that is done in circumstances where the weight of the evidence convinces the judge that a parent poses a significant risk to the child’s health or welfare, which may include issues relating to a parent’s use of drugs or alcohol, their mental health, a propensity for violence, or the child having been exposed to acts of violence by a parent (whether against the child or against any other person or object) in the child’s presence.
One of our Surrey divorce lawyers or Vancouver Family law lawyers will be pleased to advise you in a free initial consultation as to how your particular fact situation can impact the issue of child custody or guardianship.