Yes, the child is 4 years old. There is no custody agreement in place right now. They both spend about 50/50 with the child. He is applying for joint physical and legal custody (so 50% time and 50% of all decision making). So technically neither would have primary from what I understand. His lawyer feels strongly that it will be awarded as the Alberta courts are leaning towards 50/50 custody unless there is a specific reason not to. Many families I know now share 50-50 custody. Sometimes it’s not the case if one parent doesn’t want it or is not for. But it seems to be the way
Assume this is a younger child who can't decide on his own about custody. Usually one parent has primary custody and other parent my have the child over summer vacation and other school breaks. All depends on the potential logistics. This can change as the child gets older.[/QUO