Expert Custody Lawyer In Toronto: Child Custody

Published by:
Aisha Patel

Reviewed by:
Alistair Vigier
Last Modified: 2023-08-15
Are you looking for a child custody lawyer in Toronto? Canada’s Divorce Act may soon be changing. Watch this space for updates on Bill C-78.
Most of the clients who come into a family law firm list child custody, or parenting orders as they will be called under coming changes, as their top concern.
We understand how important your child is to you and will help you to understand the different types of custody that may be available. Please speak to our lawyer during your consultation to get an understanding of each.
Key Qualities to Seek in a Toronto Custody Lawyer
In split custody, one parent has custody of some of the children, and the other parent has custody of the remaining children. Courts strive to keep younger children together. Judges consider the and may agree if older siblings prefer to live with different parents.
This is where both parents make decisions about their children and are also known as joint legal custody. Courts will normally only award this type of custody to parents who are able to cooperate on parenting matters.
How much does it typically cost to hire a child custody lawyer in Toronto?

How much does it typically cost to hire a child custody lawyer in Toronto?
The cost of hiring a child custody lawyer in Toronto can vary greatly, depending on factors such as the complexity of the case and the lawyer’s level of experience.
Some lawyers may charge an hourly rate, while others may charge a flat fee or a retainer. It’s important to keep in mind that hiring a lawyer is an investment in your child’s future and that the costs associated with hiring a lawyer can be substantial.
It is important to ask for a detailed breakdown of the fees and expenses associated with the case so that you understand what you will be paying for.
Navigating Custody Battles: How Toronto’s Top Lawyers Can Help
You should also ask about the lawyer’s billing practices and whether you will be billed for expenses such as court filing fees or expert witness fees. It’s also important to shop around and compare fees from different lawyers to ensure that you are getting the best value for your money.
Keep in mind that child custody lawyers with more experience and reputations in Toronto may charge higher than the others. However, this could also mean they have more experience in handling similar cases, which could be beneficial in your case.
It’s important to remember that hiring a lawyer is an investment in your child’s future and that the costs associated with hiring a lawyer can be substantial.
With the right lawyer, the cost can be worth it to ensure that you and your child’s best interests are protected in the child custody case.
What are the average fees for lawyers in Toronto?
According to the Law Society of Ontario, the average hourly rate for a lawyer in Toronto is between $225 and $450 per hour. However, some lawyers may charge higher or lower rates depending on their expertise and the complexity of the case.
It is also important to note that many lawyers in Toronto will charge a retainer fee, which is a deposit or advance payment that the client pays to the lawyer to secure their services. The retainer fee can range from $2,000 to $5,000 or more, depending on the lawyer and the type of legal services required.
It’s important to keep in mind that many legal services also involve additional expenses such as court filing fees, expert witness fees, and other costs associated with the case. These expenses can add up quickly and should be considered when budgeting for legal services.
Living with one parent
While parents may have joint custody, children may live with one parent while the other has access (parenting time) or live some of the time with each parent. The residency or access arrangements for the children are based on your family’s circumstances.
A parent with sole custody makes all of the major decisions for their child. In sole custody, the child always resides permanently with the parent having custody and the other parent may have access visits.
Shared custody is also known as joint physical custody. Both parents have custody of the children and spend at least 40% of their time with their children.
In some situations, child custody can be amicably decided by parents at the time of separation.
Is a lawyer needed for child custody?
It depends on if you want to risk losing or not. Child custody is very important to most people. It’s probably worth spending a few thousand dollars to greatly increase your odds of winning the case.
How do you get a lawyer for child custody?
You can call us, fill out one of our forms, or use the live chat function. Our intake team will ask you questions. If we can help you, a custody lawyer in Toronto will call you.
What can I expect in a custody battle in Toronto?
No custody battle is the same. Many settle quickly. Others can go on for many years. It depends on your spouse and how you react. Having a top family lawyer will help you plan better for the battle.
When multiple relationships result in multiple parents and step-parents, the lines of who has the right to access the children can become difficult to define.
The wishes of the biological parents and those of the step-parents will often differ and arguments are likely to occur concerning the proper access schedule for each individual child.
Taking care of the children
Coupled with the wishes of the parents and step-parents are the best interests of all of the children involved and whether or not they should be separated for periods of time from their respective biological and step-parents as well as their siblings.
It is always best to contact a custody lawyer to help clarify and discuss what the best parenting schedule options are for both you and all of the children involved in your family law file.

Have you been in the place of the child’s biological parent for a significant time? This can be as short as a year or two. If yes, you may find success in arguing for access and or custody rights to the child in question. Are the biological parents fighting with the step-parents over these issues?
Courts typically look at the day-to-day parenting roles of the parties involved. This is done to try and come up with the best parenting plan for the child. Hopefully, this plan involves all the parties.
There are different ways that you can get custody of your children
When parents cannot agree on how they are going to raise their children after separation, family court judges, mediators or arbitrators have to decide which parent should have custody. A judge finalizes the custody plan.
If you are not given custody of the child, you will often have the right of “access.” This basically means you have the right to see your child. How often, where and whether visits are supervised or non-supervised are to be decided in a parenting plan or by a family court judge.
You have an agreement that decides before you get married
Often, two partners will negotiate and enter into a contract prior to their marriage, setting out rules about their marriage and agreeing on their respective rights and obligations during the marriage or at separation. In Canada, we refer to these as marriage contracts or domestic contracts.
It’s Best To Hire A Family Lawyer To Help
This is going to be balanced by minimizing the amount of daily disruption to the child’s life. In some cases, the step-parent has been the active parent and is given preference over biological parents.
This can also happen for the biological parent, especially if one of the biological parents has been using their new spouse to exclude the other biological parent from becoming actively involved with their child.
In the event that your biological child and stepchild are biologically connected the court will likely want to keep the children together as much as possible. This will increase your chances as a step-parent. You can try and use this to get more access time with both children.
Understanding Toronto Family Law: A Guide to Custody Rights
Holiday access is also more likely to occur for step-parents. This can happen if an agreement can be reached regarding which parent can have which holiday dates each year.
Often the parties will swap holiday dates every other year to ensure that the children get to celebrate date-specific holidays such as Christmas and Easter with all of the parties involved. Your lawyer can help walk you through some potential options regarding your access issues and your rights as a step-parent.
Our lawyer or paralegal can help work with you. This can take place a few days prior to your court date to help you prepare. You only pay for the time you need.

Custody Lawyer In Toronto – Questions To Ask
Toronto family lawyers often get asked the same questions. This is often about what the family court will look at when deciding who has access or parenting time.
The family court judge will look at which parent is best suited for the situation. This can be the ability to make the decisions below. The parents must be able to handle the following parenting responsibilities:
- Daily decisions regarding the child
- Where the child will live
- Protecting the child’s money and financial interests
- Keeping the child out of legal problems
- Keeping the child healthy
- Making religious and political influence decisions
- Deciding which school the child will go to, such as an English or French school
- Outside of school activities
- Applying for a health care card, SIN number, bank card, and passport
- Managing information, such as health issues.
Another major factor in which a parent gets custody of the child is the parent’s circumstances. This can include finances, a stable job, education, and the parent’s future intentions for the child.
Author: Alistair Vigier is the CEO of ClearWay Law
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