What is Child Custody in Ontario
If you are going through a divorce, one of the most difficult agreements you will need to reach is who will have custody of the children. Child custody is concerned with the control and care of children. Having custody rights means that you are charged with making decisions about the child’s health, education, and religion. Whilst the parent with custody will usually maintain residential rights and have the children living with them, the parent without custody can still apply for the right to have access to the children. There are a number of options available to you as a couple but negotiating the terms may be more difficult than it sounds. If the split is acrimonious, one parent may wish to file for full custody of the child, however, the more desirable outcome is that a joint agreement is reached. The terms of the joint agreement will need to be agreed to suit both parents and to ensure that they are achieving the best possible outcome for any children involved. Because this is such an emotive issue and involves the wellbeing of children, it is strongly advisable to seek a child custody lawyer. A lawyer will be able to bring an objective view on the matter and help both parties find a mutually agreeable solution.
What is full custody?
Full custody, or sole custody, means that either the mother or the father has exclusive custody of the child, both physical and legal. That parent makes all the major decisions and the child resides with the parent who holds sole custody. This does not mean that the other parent cannot visit or see the child at all, they may still be given visitation rights. They may also be entitled to request information regarding the child’s education and health but will have no influence over those decisions. A parent with sole custody can make a decision about who that sole custody transfers to upon their death. This will not automatically transfer to the other parent.
What is joint custody?
In a joint custody agreement, both parents share access to the child. Parents will need to collaborate on when the child will spend time with each parent. Most regularly, there will be a primary residence for the child in addition to a secondary residence where the child may spend holidays and weekends. Parents are also required to act collaboratively in making important decisions about their child’s future. The aim of joint custody is to maintain a healthy relationship with both parents and to enable both parents to have input. Within the umbrella heading of joint custody, there are two subheadings to consider
1 Joint legal custody. In joint legal custody, both parents take part in in the decision-making process to agree on the outcome of major questions about the child’s upbringing. In joint legal custody, there is no requirement for the child to spend an equal amount of time with either parent.
2 Joint physical custody. This is also known as shared custody and under this subheading, both parents will spend a fair share of time with the child. This usually means at least 40% of the time.
What is Split custody?
Split custody happens when different children go to live with different parents. This usually occurs where the children are a little older and can make their own decision about which parent they’d prefer to reside with. Split custody is relatively uncommon, however, as it is not usual for siblings to be separated.
Who makes the decision about custody?
Ideally, parents will work together to find the best outcome for their children without any interference by the courts. The final decision of the parents, once agreed, should be put in writing in the form of a separation agreement or parenting plan. This ensures that the terms are clear and binding. Having the parents agree to the terms of custody and access is the cheapest and least disruptive solution for the children. However, if parents genuinely struggle to reach a mutually agreeable decision, then a mediator, lawyer or court may be required to help find a resolution.
It is usually in everyone’s interest to avoid going to court as this can be both financially and emotionally draining. Should the court become unavoidable, the focus will be on what is best for the children. The courts will look at the relationship that the child has with each parent, who has acted as primary caregiver to date and will assess the capability of each parent to meet the needs of the child. On the whole, siblings will be kept together and the court will seek to keep disruption to a minimum. A court is unlikely to remove a child from one house if they have a happy and stable home environment. In order to compile evidence to help the judge make a decision, the children and parents will usually be asked to meet with a psychologist to undergo tests and observations. The judge will then base the decision on the psychologist’s report and so it is crucial that all parties be involved in the psychological tests if requested.
Can I represent myself?
It is theoretically possible for you to represent yourself in a child custody case, but you should be realistic about the complexity of the law. A family lawyer will help you to understand your obligations and legal rights and will help you to prepare a case that puts you in the strongest position possible to win custody of your child.
Your children are precious, and you want to do everything you can to protect them and your relationship with them. Therefore, we recommend that you seek an experienced Family Lawyer Toronto that deals with child custody matters as soon as possible. This is particularly important if you have concerns that your soon to be ex-spouse will challenge your custody claim. SHAIKH LAW FIRM is one of the Leading Law Firm dealing in Family Law Matters in Toronto, Ontario.
