Ontario Child Custody Lawyers

Protecting Your Decision-Making and Parenting Time for seeing the children Rights in Toronto, Markham, Mississauga, Oakville, Vaughan and the Surrounding Areas

When two people have a child together, each parent has an equal right and responsibility to take part in the upbringing of the child. The equal right to make decisions about their child’s care and how their child is raised exists whether or not the parties are married.

Typically in a two-parent, intact family, parents share the decision-making responsibility. When parents separate, however, they must arrange how they will share or divide their respective parenting rights and responsibilities. In other words, separating parents must make arrangements for parenting time.

If you are divorcing or separating, then you need a skilled Ontario child custody lawyer to make sure your parenting rights are protected. Feldstein Family Law Group P.C. has been serving clients in Toronto, Mississauga, Markham, Oakville, Vaughan, and across Ontario since 1994, and we have the necessary skill and experience in divorce and family law to effectively preserve your rights and interests.

While under the Children’s Law Reform Act the traditional terms of “custody” and “access” remain in place, as of July 1 2020, the Divorce Act was amended to remove any references to the terms “custody” and “access”, instead referring to “parenting time” and “decision-making responsibility”.

It is important to know which Act will apply to your situation. Marital status is relevant in order to determine which Act will apply to your particular situation. 

Therefore, if you and your former spouse/partner are married and have decided not to obtain a divorce, are living together as a common law couple, or as not cohabitating but have a child together you must use the Children’s Law Reform Act R.S.O. 1990, c. C.12. 

However, for situations where you are legally married and in the process of getting a divorce or have already obtained one, the Divorce Act R.S.C. 1985, c.3 will apply.

Contact our Ontario child custody lawyer by calling (905) 581-7222 today!

Children’s Law Reform Act

What is Custody?

Custody is the right to make important decisions about the care and upbringing of a child. Custody includes the right to make decisions regarding the child’s religion, school and educational programs, and medical treatment.

Different types of custody include sole custody, joint custody, share custody, and split custody.

Sole Custody

If a parent has sole custody of a child, it means that only one parent has the responsibility and legal authority to unilaterally make major decisions about the child’s care and how the child will be raised. Most commonly, the child lives primarily with the parent who has sole custody.

Sole decision-making authority is often given to only one parent where there is serious parental conflict; concerns of abuse, violence, drug or alcohol abuse; mental illness or demonstrated poor judgement. A sole custody arrangement helps mitigate concerns or limit risks in the life of the child.

Joint Custody

Separated parents can opt for joint custody in cases where there are in agreement on major issues affecting the life of their child and they have few or no concerns about each other’s judgement.

In Ontario, joint custody is when parents share the rights and responsibilities of custody even though they live apart. Under this custody arrangement, both parents legally have an equal say about the major decisions affecting their child. Neither parent has the right to unilaterally make major decisions about the child’s care. 

With joint custody, it is assumed that the parents can reach decisions either by consensus or by one acquiescing to the judgement of the other.

Joint custody requires cooperation and works best when there is little conflict between the parents, since it promotes that the parents maintain a harmonious relationship. Joint custody can also work in cases where there is moderate conflict, but the parents are able to resolve disputes maturely.

A common misunderstanding about that joint custody is that both parents also have equal access to the child. This is not always the case. When parents have joint custody of a child, the child may live primarily with one parent, or there may be a shared custody arrangement. 

Regardless, joint custody only related to the decision-making authority of each parent; it has minimal influence on the amount of time the children spend with each parent.

Shared Custody

Unlike the other custodial arrangements, share custody has to do with the amount of time the child spends with each parent for the purpose of determining each parent’s respective child support obligation. Under the Child Support Guidelines, shared custody exists where a child lives at least 40% of the time with each parent. The 40% time can be comprised of weekends, overnights, and parts of vacations.

Split Custody

Although not very common, another type of custody arrangement is split custody. This exists where the parents have more than one child together, and each parents has one or more of the children living primarily with them.

What is Access?

When one parent is awarded sole custody of the children, the other parent is normally granted the right of access. This is sometimes called visitation. 

In addition, if both parents have joint custody of a child, but the child’s primary residence is with one parent, the other parent is granted the right of access.

Access visits can either be unsupervised or supervised, depending on what is in the best interests of the child. Most often access is unsupervised. This is where the child goes to visit the parent, and no one else needs to be present while the child and the access parent are together.

A typical access schedule involves the child spending alternate weekends and one or two evenings or nights per week with the parent not having primary care and control of the child. 

Typically, the access parent will also share holidays, including statutory holidays (long weekends), winter school break, March break, and summer holidays.

Custody vs. Access in Canada

Once you and your former spouse/partner have made the decision to separate or divorce, there are a number of issues for the two of you to consider and resolve. 

If you have children, you will need to make some tough decisions about your kids’ custody and care. These decisions will have to be made whether you were legally married or living together as a common law couple. 

As separated or divorced parents, you will either be awarded custody of your children or given access to your children.

The main difference between custody and access is that, as the custodial parent, you usually have the power to make important decisions about the care and upbringing of your child with regards to:

• Religion;
• School and educational programs; and
• Medical treatment.

On the other hand, if you are only granted access rights, as the non-custodial parent you have the right to:

• Visit your child; and
• Ask the custodial parent, your child’s teacher, doctor, daycare provider, etc. for information about:
  • Your child’s health;
  • Education; and
  • Welfare.

It is important to note that as an access parent you are not granted the authority to make any important decisions regarding the upbringing of your child. If a disagreement arises between you and your former spouse/partner, the custodial parent will make the final decision. 

However, the custodial parent in your situation must still consult with the access parent prior to making any final “important” decisions.

Understanding the Impact of Custody Arrangements on Your Children

When navigating child custody matters, it's essential to consider not just the legal aspects but also the emotional and psychological effects on your children. Every custody arrangement can significantly influence a child's well-being, stability, and development. At Feldstein Family Law Group P.C., we prioritize the best interests of your children while advocating for your rights as a parent.

Here are some key factors to consider regarding how custody arrangements can affect your children:

• Emotional Stability: Consistent routines and stable environments help children feel secure. Our team can help you create arrangements that minimize disruptions in your child's life.
• Parental Relationships: The nature of custody can affect your child's relationship with both parents. We work to foster cooperative co-parenting strategies that benefit your children.
• Academic Performance: Children with supportive custody arrangements often perform better academically. We can assist in developing plans that prioritize your child's educational needs.
• Social Development: Maintaining friendships and social interactions is vital for children. We can help ensure that custody arrangements allow your child to engage in their social circles.
• Long-Term Effects: The choices made during custody proceedings can have lasting impacts. Our experienced lawyers will guide you in making decisions that support your child's future.

At Feldstein Family Law Group P.C., we understand that every family is unique. Our dedicated team is here to help you navigate the complexities of child custody while keeping your children's best interests at heart. Contact us today for a consultation to discuss your situation and explore the best options for your family.

Find out more about custody and access as it relates to your individual situation. Call Feldstein Family Law Group P.C. at (905) 581-7222 today to speak with an Ontario custody lawyer about your rights.