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PARENTING CUSTODY & ACCESS
Child custody is a difficult, fact sensitive and emotional area for divorcing parents and children alike. When you need to reach a child custody agreement, you may not know where to start.
Family law legislation in Ontario and Canada sees the best interests of a child as the only legal test and consideration when deciding on a child’s living arrangements, following the parents’ separation. If parents cannot agree on custody arrangements through a parenting or a separation agreement, family courts may be called upon to decided the following dimensions of custody:
1. Legal custody, which refers to the day-to-day decision of the children’s education, health and general welfare.
2. Physical custody, which determines who will be the child’s primary residential parent. Note, however, that while a child may live with one parent most of the time, the parents can still share joint custody.
Depending on the facts of your case, a judge may order sole legal custody, effectively giving one parent the authority to make most of the major decisions for the child’s future. Alternatively, both parents may be awarded joint legal custody. Under this arrangement, both parents would share the decision-making power concerning the child’s education, health and upbringing.
How We Can Help
Need help from a Toronto custody lawyer?
Our Toronto divorce lawyer will guide you through the custody process, ensuring that best interests of your children are met, and he will carefully explain the rights, laws, and the legal procedures so that you fully understand your options. The goal is to reach the solution that is practical and workable in the long term.
Settling custody and parenting disputes privately and formalizing them through a parenting plan or consent order offers the most effective long-term solution. Starting a court case and engaging into custody battles is usually the last resort. We will only advise our clients to proceed to custody litigation if other reasonable arrangements cannot be worked out between the parents through negotiations, mediation or arbitration.
Next, we will evaluate non-legal dimensions of your case and give full attention to your priorities and concerns, so that we can accurately articulate and address your wishes to a court.
Call us today to schedule a meeting with our child custody lawyer.