Father Seeking Custody: Understanding Your Legal Rights

Published by:
Deepa Kruse

Reviewed by:
Alistair Vigier
Last Modified: 2024-06-21
Are you a father seeking custody? Are you thinking that you can take a child away from the mother? Does one parent have exclusive or shared custody of a child? Issues often occur when the parent chooses to move and bring the child with him or her.
Child custody disputes can be emotionally charged, complicated, and high-stakes for everyone involved. Traditionally, courts have given custody of children to the mother, but this trend has changed in recent years. More courts are recognizing the importance of fathers in their children’s lives and are granting them access and custody rights.
If you are a father seeking custody, it is important to understand your legal rights and options. The first step is to establish paternity if you are not married to the child’s mother. This can be done by signing a voluntary acknowledgment of paternity, obtaining a court order, or filing a petition to establish paternity. Once paternity is established, you will have legal rights to custody and access.

The primary consideration in a custody dispute
There are two types of custody: physical and legal. Physical custody refers to where the child lives, while legal custody gives you the right to make decisions about your child’s upbringing. Custody can be joint or sole, depending on the circumstances of the case.
The primary consideration in a custody dispute is the child’s best interests. The court will look at factors such as the child’s age, health, and emotional well-being, as well as each parent’s ability to provide for the child’s needs and maintain a positive relationship with the child. Mediation and negotiation can be useful in reaching an agreement on custody and access. This can save time, money, and emotional stress for all parties involved. However, the case may go to court if an agreement cannot be reached.
In court proceedings where a father is seeking custody, each parent can present evidence and arguments to support their case. The court will ultimately make a decision based on the best interests of the child.
Father Petitions for Custody
Even if the court awards custody to the mother, fathers still have the right to access and visitation with their child. Access can be supervised or unsupervised and can be arranged through a court order or agreement between the parties. Custody and access arrangements can also be modified if circumstances significantly change, such as a change in the child’s needs or a change in the parent’s ability to provide care.
It is crucial to work with a family lawyer who can provide guidance, support, and representation throughout the custody dispute process. A lawyer can help you understand your legal rights and options, and work towards a positive outcome for you and your child.
By understanding your rights and options, you can make informed decisions and work towards a custody arrangement that is in the best interests of your child.
Father Seeking Custody
The other parent would typically not want a parent who already has custody to relocate to a faraway place. That would make regular visits difficult or impossible.
The Supreme Court in Canada has ruled that the custodial parent can not simply move the child anywhere without the other parent’s permission. The Court of Appeal has ruled that a custodial parent does not have an intrinsic right to take a child whenever it decides. Decisions to allow a child to relocate should be considered in compliance with both federal and provincial laws. This normally follows the child’s best interests.
Such proceedings can be very costly and time-consuming. This is due to the amount of research required. It takes a lot of time to formulate and submit legal arguments. The parent requesting permission to relocate must have their family lawyer establish a comprehensive custody deal.
What is considered an unfit parent in Canada?
Family law does not commonly use the term “unfit parent”. However, the law recognizes that there are circumstances where a parent may not be able to provide the necessary care for their child. In such cases, the court may take action to protect the child’s best interests.
Under the Divorce Act, which governs custody and access in Canada, the court must prioritize the child’s best interests when deciding custody and access arrangements. This involves considering various factors such as the child’s age, health, and emotional well-being. The court also evaluates each parent’s capacity to provide for the child’s needs and maintain a positive relationship with the child.
The court may determine that a parent is not acting in the child’s best interests if they are unwilling or unable to meet the child’s basic needs, such as providing food, shelter, and medical care. If a parent has a history of abuse or neglect, the court may consider this information when deciding on custody and access.
The Dad Applies for Custody
It is essential to recognize that a parent’s personal lifestyle choices, including their religion, sexual orientation, or political views, are not relevant when determining if they are fit to parent. The court will only consider such factors if they directly impact the child’s well-being.
While the term “unfit parent” may not be commonly used in Canadian family law, the court does consider each parent’s ability to provide adequate care for their child. The court will take into account various factors, such as the child’s well-being and each parent’s capacity to provide for the child’s needs and maintain a positive relationship. The court’s priority is to make decisions that will safeguard the child’s best interests.

What factors do Canadian courts consider for child custody access issues?
When Canadian courts make decisions regarding child custody and access, they consider various factors. They take into account the child’s age, health, and emotional well-being. They also evaluate each parent’s ability to provide for the child’s physical and emotional needs and the child’s relationship with each parent and other significant family members.
The court considers each parent’s willingness to facilitate a positive relationship between the child and the other parent. The child’s cultural and religious background is also taken into account, as well as any history of abuse or neglect by either parent. The court will evaluate each parent’s ability to provide a stable home environment for the child and consider the child’s preferences based on their age and maturity. Any special needs of the child will also be taken into consideration.
The proximity of each parent’s residence and its impact on the child’s routine and relationships will also be evaluated. Overall, the court’s priority is to make decisions that are in the child’s best interests, taking into account the above factors.
Father Files for Custody
This includes an assessment of services and amenities at a new venue. There is also a consideration of the cost of living. Further, the quality of healthcare services and education are considered.
Many of the relocating issues occur in cases of joint custody. If a parent has full custody, he or she may be capable of moving when access and visitation rights can be sorted out with the other parent or if the judge gives the green light to do so.
The Supreme Court of Canada provided a procedure to be followed when determining whether a child may be transferred when a custodial parent relocates to a far-distant location.
Child Support Services For a Father
After deciding on who will have custody of the children, the next step will be deciding how much child support will be given to the other ex-spouse.
Child support disputes can range from a disagreement on how much the parent will receive to what the payments will be used for on behalf of the children. Our child support lawyer in Ottawa offers legal advice on how to calculate child support payments as well as what the payments are meant to cover.
If you already have a child support order through a court of law yet cannot keep up with payments due to the amount, our family lawyers in Ottawa can also file paperwork to try to get your payments changed. This circumstance often occurs if you suddenly experience financial hardship, such as having a job change where you receive less pay or you have lost your job.
A father or a mother wants to stop a child from moving
A parent seeking to prevent a move or to guarantee access must make a “fundamental change.” These situations must involve a child. He or she will choose to recognize the factors that could devastate the child’s life.
They will want to emphasize the positive aspects of the life of the child in the present location. For example, we demonstrate the high crime rate in the new location. Further, the standard or accessibility of public services and education is lower.
These factors might impact the court’s decision. If the parent challenging the relocation is successful, the judge will consider the welfare of the child as far as the move is regarded. During that stage, both parents have a duty to determine the best interests of the child.
Consider some considerations when determining whether to require the custodial parent to move the child. It would also include whether the child could also have access to the non-custodial parent. It would discuss the impact on the kid’s livelihood as a result of the transfer.
Dad Pursues Custody
Certain separation arrangements or custody orders impose specific rules. This targets the custodial parent’s right to relocate with the child. It sets out a certain distance, such as 60 kilometres beyond a specified city.
It is possible that the parent who wants to relocate with the child will need the court’s permission. This will be needed to change the arrangement or order. If a parent is told to move, it may be costly for the other parent to fly or travel to see the kid or to have the kid come to see him or her. In such cases, the judge may allow the custodial parent to share or bear additional travel costs to ensure access to the other parent.
How a father take a child away from the mother
If you are a father that is suffering from the custodial parent practicing “parental alienation syndrome,” you might have a legal case to take away the child from their mother.
Parental Alienation Syndrome is a concept proposed by child psychiatrist Richard Gardner in 1985 to characterize a distinctive pattern of behaviour in children, involving intense but unjustified anxiety, resentment or aggression towards a parent. Gardner suggested that a series of actions he found in some families were interesting.
They were involved in child custody disputes. They could be used to identify the psychological manipulation or undue influence of a child. This was done on the part of a parent. It was usually on the part of the other parent who might try to avoid a continuous relationship between a child and other family members. This would happen after a family separation or divorce.
Father Seeking Custody – Parental Alienation Syndrome
Parental Alienation Syndrome is a term created by child psychiatrist Richard A. Gardner based on his clinical experience in the early 1980s. The idea of one parent trying to separate their child from the other parent as revenge or part of divorce has been defined since at least the 1940s. However, Gardner was the first to identify a particular syndrome.
Gardner suggested that a series of actions he found in some families involved in child custody disputes could be used to identify the psychological manipulation or undue influence of a child on the part of a parent. This is usually on the part of the other parent who might try to avoid a continuous relationship between a child and other family members after a family separation or divorce.
Early Canadian court cases accepted expert opinions on PAS. They used the term “syndrome” and concurred with Gardner’s argument. That was that only one parent was fully responsible for it. The court did not accept his opinion. Instead, they found the child was not harmed by the judgment of a court-appointed specialist who, unlike Gardner, had interacted with family members.
Custodial rights to the father
If you are a father seeking custody, speak to a law firm. Only recently did a mother lose her custodial rights to the father for alienating the children from seeing him. There was an extraordinary court decision that was unique in Canadian family law.
A judge has stripped a mother of custody of her three children. This happened after a mother has spent more than a decade attempting to alienate them from their father.
Visit the Ministry of the Attorney General for more specifics on children and the law. Do you think you can make a child move with you? Speak to a lawyer. If you are a father seeking custody, reach out to a lawyer.
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