Child Custody Lawyer Toronto

Are you looking for a Custody Lawyer 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 our 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.

custody lawyer toronto

You can also learn more about family law on our YouTube channel.

Understanding Parenting Coordination

Split Custody

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 best interests of the child and may agree if older siblings prefer to live with different parents.

Joint Custody

This is where both parents make decisions about their children and is 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. 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.

Sole Custody

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

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.

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

A family law judge or third party decides

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.


You come to a friendly agreement during the divorce process

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


Book a Meeting with a Toronto Child Custody Lawyer

Child custody issues can be stressful. Around 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 represent yourself or have a lawyer take charge of your child custody issue instead.

Some of our lawyers offer free 30 minute consultations, some charge for an hour consultation. It depends on how senior the lawyer is. We have multiple locations which can be seen at the bottom of this page, and welcome your call at 844-466-6LAW (529)

Before you call, prepare a list of questions you want answered. We will give you practical advice you can use.If you decide to self represent in your child custody case, our law firm also offers legal coaching. This is a valuable service if your ex-spouse has hired a lawyer and you are going up against that lawyer in court.

Custody Lawyer Toronto- Step Parent Right to Access

When multiple relationships result in multiple parents and step parents, the lines of who has the right to access of 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. 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 with their respective biological and step parents as well as their siblings. It is always best to contact a ClearWay Law 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 have 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.

It’s Best To Hire A Family Lawyer To Help

This is going to be balanced with 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 of 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 step child 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. 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 insure that the children get to celebrate date specific holidays such as Christmas and Easter with all of the parties involved. Your ClearWay Law lawyer can help walk you through some potential options regarding your access issues and your rights as a step parent.

Custody Lawyer Toronto

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.

Family Law: Why You Need a Custody Lawyer Toronto

Our 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 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.

Read more: Alternative Billing Is The Future Of Law

Another major factor in which parent gets custody of the child is the parent’s circumstances. This can include finances, stable job, education, and the parent’s future intentions for the child.

Custody lawyer toronto – Call us toll free at 1-844-466-6529

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