Child custody lawyer in North York

What are the different types of child custody?

Joint custody 

Under joint custody, both parents, with the guidance of a family lawyer, continue to be involved in the major decisions of the child’s life. The child can live with only one parent or may spend time living with both parents. Usually, one parent has day-to-day care and control of the child.

Shared custody

Under shared custody, the child lives with both parents roughly the same amount of time. 

Split custody

Split custody occurs when there is more than one child, and some children live with one parent, while others live with the other. Each parent is responsible for children in their care, and the other parent has access. 

Sole custody

Under sole custody, the child lives with one parent who makes the decisions about their life. The other parent usually has access to the child.

Who decides child custody?

Can a biological father get custody of a child?

Under Ontario’s Children’s Law Reform Act, the default regime is that both parents are equally entitled to seek custody (s. 21). A parent will be awarded custody if it is deemed to be in the best interests of the child.

How do judges rule in child custody cases?

Judges look at which parent can best provide the necessities of life, and also provide education and guidance for the child. Where a child has special needs and one parent can provide for those special needs better than the other, that is another important factor that the judge takes into account.

Can a mother get child support with joint custody?

You have the right to make important decisions about their care, education, religious instruction and welfare (unless the agreement or court order says otherwise) you don’t need to involve the other parent when making decisions (unless the agreement or court order says otherwise)

What is the best evidence for child custody?

Keep copies of your communication and correspondence with the other parent. The evidence often offered in today’s child custody trials includes copies of texts and e-mails of the parties. Other common evidence includes the parties’ income information (often tax returns and paystubs), photos and sometimes calendars.

Who are the best witnesses for child custody trial?

Ideal custody witnesses are witnesses who typically are neutral: teachers, coaches, medical providers; parents of the children’s friends.

Who has custody of a child if there is no court order in Ontario?

Subsection 18(4) of the act states that the father and mother of a child are joint guardians and are equally entitled to the care and custody of the child unless otherwise provided by the Guardianship Act or ordered by a court of competent jurisdiction.

What is considered an unfit parent in Ontario?

What exactly is an unfit parent in the eyes of the law? The legal definition of an unfit parent is when the parent through their conduct fails to provide proper guidance, care, or support. Also, if there is abuse, neglect, or substance abuse issues, that parent will be deemed unfit.