Ontario Child Custody Lawyers

Protecting Your Decision-Making & Parenting Time Rights in Toronto, Markham, Mississauga, Oakville, Vaughan & Surrounding Areas

When two people have a child together, each parent has an equal right and responsibility to participate in the upbringing of the child. This right to make decisions about their child’s care and how their child is raised exists regardless of marital status. If you are seeking guidance from a child custody lawyer in Ontario, understanding your legal rights is the crucial first step.

In a two-parent, intact family, parents typically share decision-making responsibility. When parents separate, they must determine how to share or divide their parenting rights and responsibilities. In other words, separating parents need to establish arrangements for parenting time and decision-making authority—both vital concepts in Ontario child custody law.

If you are divorcing or separating, it is important to have an experienced child custody lawyer in Ontario to protect your parenting rights. Feldstein Family Law Group P.C. has been serving clients in Toronto, Mississauga, Markham, Oakville, Vaughan, and across Ontario since 1994, bringing the knowledge and legal acumen needed for cases involving divorce and family law to effectively preserve your rights and interests.

As outlined in the Children’s Law Reform Act, Ontario law has traditionally used the terms “custody” and “access.” However, as of July 1, 2020, the Divorce Act has been amended to reference “parenting time” and “decision-making responsibility” instead. Both federal and provincial laws may apply, depending on your circumstances.

It is crucial to understand which Act applies to your case. Marital status will determine whether the provincial or federal legislation is relevant. Our team of custody lawyers in Ontario can help clarify which law influences your rights. 

If you and your former partner are married but have not obtained a divorce, are in a common law relationship, or are not cohabiting but share a child, the Children’s Law Reform Act R.S.O. 1990, c. C.12 applies. 

For those legally married and in the process of divorcing or already divorced, the Divorce Act R.S.C. 1985, c.3 governs your matter. Our Ontario custody lawyers can advise which rules and procedures will guide your case.

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

Understanding the Child Custody Process in Ontario: Steps & Expectations

For parents in Ontario handling a separation or divorce, the child custody process typically starts with determining the appropriate legislation—either the Children’s Law Reform Act or the Divorce Act. Most families begin by attempting informal negotiations or mediation to develop a parenting plan that addresses parenting time and decision-making responsibility. If families cannot agree, the process may move to family court. Ontario’s family courts in areas like Toronto, Markham, Mississauga, Oakville, and Vaughan use local court procedures while ultimately prioritizing the child’s best interests as outlined in provincial law. Although each regional court has individualized practices, the general process involves filing court applications, participating in case conferences, and possibly proceeding to trial before a decision is made by a judge.

At Feldstein Family Law Group P.C., our custody lawyers in Ontario support clients throughout every step of the process. We help you prepare and organize paperwork—including parenting plans, financial documents, and witness statements—critical for your child custody case. Our deep understanding of regional court procedures in Ontario ensures you receive tailored guidance and proactive representation. Whether your family’s matter is resolved through settlement, mediation, or litigation in court, our team prioritizes the protection of your parental rights and your child’s best interests at all times.

How Ontario Courts Assess Parental Fitness & Best Interests in Custody Cases

Ontario courts determine custody based on the “best interests of the child.” This thorough assessment examines each parent’s capability to support their child’s emotional, physical, and educational needs, as well as their history of caregiving and their ability to co-parent constructively. The court considers the willingness of both parents to support their child’s relationship with the other parent and reviews any potential risks related to family violence, substance abuse, or neglect. Courts may review reports from social workers, independent assessors, or involve the Office of the Children’s Lawyer when additional insights are necessary.

Our approach as custody lawyers in Ontario is focused on helping clients address every aspect of parental fitness. We assist in gathering the most relevant documentation, ensure legal standards are met, and guide you through interactions with social services and local agencies. Our lawyers are familiar with the practices of Ontario family courts—including local customs and community resources—which maximizes your ability to present an effective case. By centering every recommendation and strategy around provincial family law, we ensure your children’s interests are advocated for using a proven, thorough, and compassionate approach.

Children’s Law Reform Act: Key Considerations for Ontario Parents

What is Custody?

Custody is the legal right to make important decisions regarding a child’s care and upbringing. Custody often involves choosing the child’s religion, school, medical treatment, and participation in educational programs. Retaining a knowledgeable custody lawyer in Ontario helps ensure your rights are protected through every stage of the process.

There are several custody arrangements recognized in Ontario, including sole custody, joint custody, shared custody, and split custody. Understanding the differences can clarify options for your family and help you pursue the appropriate arrangement for your situation.

Sole Custody

Sole custody means that only one parent has the responsibility and legal authority to make major decisions regarding the child’s upbringing. In most cases, the child will live primarily with the parent who has sole custody.

Ontario courts may grant sole decision-making authority if there is significant parental conflict or concerns about abuse, violence, substance abuse, mental illness, or poor judgment. With help from a child custody lawyer in Ontario, parents can present evidence supporting their position for or against a sole custody order, ensuring safeguards for the child's well-being.

Joint Custody

Joint custody can be suitable for separated parents who generally agree on key issues affecting their children and who have confidence in each other’s judgment.

In Ontario, joint custody allows both parents to share the rights and responsibilities of legal custody, even if they reside separately. Under this custody arrangement, both parents must agree on major decisions for their child, reinforcing co-parenting and collaboration. Neither parent has unilateral authority for significant decisions about the child’s care. 

Parents with joint custody are expected to communicate, make shared decisions by consensus, and show mature conflict resolution. This arrangement works best where conflict is minimal, but it can still succeed in moderate-conflict cases with both parents’ willingness.

A common misconception is that joint custody always means equal parenting time. In reality, a child may primarily reside with one parent, or parenting time may be more equally divided as part of a shared custody arrangement. 

Joint custody relates solely to legal decision-making authority and does not automatically determine how much time children spend with each parent. Consulting a custody lawyer in Ontario can help clarify the legal implications for your family.

Shared Custody in Ontario Child Custody Cases

Unlike other custody types, shared custody centers around how much time the child spends with each parent for the purposes of child support calculations and day-to-day parenting involvement. Under Ontario’s Child Support Guidelines, shared custody exists when a child spends at least 40% of the time with each parent. This 40% may include weekends, overnight stays, and extended holiday periods.

Split Custody: Unique Arrangements in Ontario Courts

Split custody is rare in Ontario, but it occurs when parents have more than one child, and each parent has primary responsibility for at least one of the children.

Ontario courts take a case-by-case approach to split custody, evaluating what best serves the individual needs of each child. Considerations include sibling relationships, school proximity, and each child’s unique preferences and attachments. If you live in larger communities such as Markham or Mississauga, factors like travel time between homes and access to local schools can impact day-to-day logistics. A skilled custody lawyer in Ontario can offer strategic guidance for managing these complexities, helping ensure that split custody arrangements serve the well-being and stability of your children.

What is Access in Ontario Child Custody Law?

When one parent has sole custody, the other parent is typically granted the right of access, sometimes referred to as visitation. 

Furthermore, in joint custody scenarios where one parent is the primary residential parent, the other parent is generally entitled to access.

Access visits may be supervised or unsupervised, with the child’s best interests being the foremost concern. Unsupervised access is most common in Ontario, allowing the child to visit the parent without third-party involvement.

Typical access schedules may include the child spending every other weekend and specific evenings or nights during the week with the non-residential parent. 

Access schedules often allow for sharing holidays like statutory holidays, winter school breaks, March Break, and summer vacation. Consulting a child custody lawyer in Ontario helps parents understand their rights and develop an access schedule tailored to their family.

Custody vs. Access in Canada: What Ontario Parents Need to Know

Once you and your former partner decide to separate or divorce, there are several significant issues to resolve before a new family structure can be established. 

If you have children, you must make pivotal decisions regarding their custody and ongoing care. Whether you were married or in a common law relationship, these considerations are inevitable. 

As separated or divorced parents, you will generally be either granted custody or granted access to your children.

The main difference between custody and access is that, as the custodial parent, you typically have the power to make important decisions about your child’s care, including:

• Religion
• School and educational programs
• Medical treatment

If you are granted only access, as a non-custodial parent you have the following rights:

• Visit your child
• Request information from the custodial parent, your child’s teacher, doctor, daycare provider, etc., about:
  • Your child’s health
  • Education
  • Welfare

It’s important to understand that access parents are not authorized to make significant decisions concerning the upbringing of your child. Should disagreements arise, the custodial parent has the final authority. 

However, custody arrangements often require custodial parents to consult with the access parent prior to making significant decisions, supporting ongoing parental involvement. Our Ontario custody lawyers can clarify these distinctions for your unique situation.

Understanding the Impact of Custody Arrangements on Your Children in Ontario

When considering parenting and custody arrangements, it’s essential to evaluate not only legal requirements but also the emotional and psychological effects on your children. Any custody arrangement can profoundly shape a child’s well-being, adjustment, and development. At Feldstein Family Law Group P.C., your child’s best interests remain our central concern as we advocate for your parental rights.

Here are several considerations for Ontario families when evaluating the impact of custody outcomes:

• Emotional Stability: Consistent daily routines and stable environments help children feel secure. Our custody lawyers in Ontario can help you design arrangements that minimize disruptions to your child’s life.
• Parental Relationships: The type of custody can significantly influence your child’s bond with each parent. We encourage and support cooperative co-parenting strategies to benefit your children long-term.
• Academic Performance: Thoughtful, supportive custody arrangements can help children maintain academic stability. Our Ontario custody lawyers help parents prioritize educational continuity in their legal plans.
• Social Development: Maintaining healthy friendships and social involvement is vital to children. We strive to build agreements facilitating a child’s connection to their social spheres.
• Long-Term Effects: Custody decisions can leave lasting legacies for your family’s future. Our experienced legal counsel ensures you make choices that foster positive, enduring outcomes for your children.

At Feldstein Family Law Group P.C., we know every family is different. Our dedicated team is ready to help you navigate Ontario’s custody laws with a focus on your children’s needs and your rights as a parent. Contact us for a personalized consultation and discover the best path forward 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.