Child Custody

Child custody is when you have the right to see, care for, and make decisions for your child. Most of the clients that come into our family law firm list this issue as their top concern. Division of property is often ranked the second highest. Whoever has custody of the child can make important decisions for the child.

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 supervised or non-supervised are to be decided in an agreement or by a family law judge.

There are different kinds of custody that can be decided upon. Please speak to your lawyer during the consultation to get an understanding of each.

Understanding Parenting Coordination

Split Custody

This is when one parent has custody of some of the children, and the other parent has custody of the remaining children. Courts try to never split up up younger children from their siblings. However, older siblings often choose to live with different parents.

Joint Custody

This is where both parents have custody. This is also known as joint legal custody. Courts will normally only awards this type of custody to parents who are able to cooperate on parenting matters. While parents may have joint custody, the residency/access arrangements for the children may vary widely.

Sole Custody

This is when one parent has custody of the children. In this case, the child always resides permanently with the parent having sole custody and the other parent may have access visits.

Shared Custody

This is when both parents have joint custody of the children, and both parents spend at least 40% of the time with their children. This is also known as joint physical custody.

There are three ways that you can get custody of your children:

A family law judge decides

When parents cannot agree on how they are going to raise their children after separation,  judges or arbitrators have to decide which parent should have custody.

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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 them as marriage contracts or domestic contracts.

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You come to a friendly agreement during the divorce process

In some situations the decision of child custody can be amicably decided by parents at the time of separation.

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Book a Meeting with a ClearWay Lawyer

Family law child custody issues can be stressful. 70% of people in Toronto with family law issues are self-represented. We encourage you to book a meeting with one of our family lawyers before deciding to self-represented or have a lawyer take charge of your child custody issue instead.

It only costs $100 to book a one hour meeting with one of our family lawyers. We are located at 1235 Bay Street in unit #700. Prepare a list of questions for our Toronto lawyer and get answers.

If you decide to self-represent in your child custody case, our law firm also offers legal coaching. This is a valuable service when your ex-spouse has hired a lawyer and you are going up against that lawyer in court. Our lawyer or paralegal can help work with you a few days prior to your court date to help you prepare. You only pay for the time you need.

Why You Need a Child Custody Lawyer in Toronto

Our Toronto child custody lawyers often get asked what responsibilities the family law court will look at when deciding who get’s access to the child. The family law judge will want to look at which parent is best suited to make the following decisions and 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. Deciding on English or French school.
  • Outside of school activities
  • Applying for a health care card, SIN number, bank card, and passport
  • Managing information (Health, school, etc…)

Another major factor in the family law judge deciding on which parent gets custody of the child is the parents circumstance (financially, stable job, education etc…) and the parents intentions of what to do with the child.

Summary
Review Date
Reviewed Item
"I love that they offer only $100 for the first hour. Great value!!!"
Author Rating
51star1star1star1star1star
Summary
Review Date
Reviewed Item
"I love that they offer only $100 for the first hour. Great value!!!"
Author Rating
51star1star1star1star1star