A father can be awarded custody (also referred to as the decision-making responsibilities of a child). The courts do not favour the mother or father in Ontario. Typically, judges determine child custody Ontario cases based on the child’s best interests.
You must meet specific legal requirements, such as proving paternity, to establish your rights to sole custody in Ontario or decision-making responsibilities.
The courts often believe shared custody is beneficial. You may have to show the other parent is unable to properly care for your child or poses a risk to their safety to be awarded sole-custody.
An Overview of Child Custody Arrangements
When one parent seeks full custody, they must prove another custody arrangement will negatively affect the child. Here we explain each type of custody arrangement to determine whether pursuing sole custody is the best option for your child.
Are you worried about the custody of your child? Book a free phone consultation today.
Physical Custody and Parenting Time
Physical custody involves a child living with one parent and is thereby referred to as ‘parenting time’. The court can award joint custody in Ontario if the child spends significant time living with each parent. If the parents live far apart, the court may decide that the child stays mostly with one parent. The child will still have regular time with the other parent.
Legal Custody and Decision-Making Responsibility
Legal custody grants a parent the authority to make important decisions on their child’s behalf and is thereby referred to as ‘decision-making responsibility’. Decisions can include things like education, healthcare, and religion. The parent with legal custody or sole decision-making responsibility for a child can make decisions regarding any aspect of their child’s upbringing without discussing it with the other parent first.
Judges often award joint decision-making responsibility when two parents get divorced or separate. Typically, it is beneficial for both parents to have a say in the child’s life. However, they base their decision on whether joint decision-making responsibility is in the best interests of the child Ontario.
Sole Custody or Decision-Making Responsibility
Sole custody is also called sole decision-making responsibility. Judges grant sole decision-making responsibility if other arrangements could harm the child’s well-being. To prove your case, you must show your ex isn’t fit to make major decisions for the child.
A new romantic partner can also affect decision-making responsibility in Ontario. The judge might grant sole decision-making responsibility if your ex’s new partner can’t properly care for your child.
Joint Custody or Joint Decision-Making Responsibility
When parents share joint custody or decision-making, they both work together to make important decisions about the child’s life, like school, health, and activities.
This arrangement is common because it helps children feel supported and cared for by both parents.
Would you like more information about the different custody arrangements? Book a free consultation to chat with one of our lawyers.
Factors Determining a Child’s Best Interests
According to the Divorce Act, the court can determine a child’s best interests in custody cases by considering factors such as:
● The child’s needs, such as their need for stability based on their age and stage of development
● The strength and nature of the child’s relationship with each parent, sibling, grandparent, and other people who play an important role in their life
● Each parent’s willingness to support the child’s maintenance and development of a relationship with the other
● The history of care of the child
● The child’s preferences and views based on their maturity and age
● The child’s religious, cultural, spiritual, and linguistic heritage and upbringing
● Plans for the child’s care
● The willingness and ability of each parent to care for the child and meet their needs
● The ability and willingness of the parents to cooperate and communicate on circumstances affecting the child
● History of family violence and its effect on the person who engaged in family violence to meet the child’s needs and care for them
● Any criminal proceeding, measure, condition, or order relevant to the child’s safety, well-being, or security
How Can a Father Win Child Custody or Decision-Making Responsibility in Ontario?
Judges consider various factors when deciding on child custody Ontario cases, such as:
● Each parent’s relationship with the child
● The distance between the parents’ residences
● The paternity of the child
● Prior instances of abuse or domestic violence
● Whether one parent is in prison
To obtain sole decision-making responsibility, you must show that it’s in your child’s best interests. A judge may approve it if you and your ex agree on the arrangement beforehand.
You must allow your ex to spend time with the child even if the judge rules in your favour for sole decision-making responsibility. If you believe parenting time puts your child in harm’s way, you may seek supervised visits. In extreme cases, the court may not grant parenting time if you prove your child’s well-being is at risk with their mother.
Contact a Child Custody Lawyer Today
At GDH Family Law LLP, we have experience handling the most complex family law issues in Ontario. We understand the overwhelming process of pursuing custody of a child. It can cause significant emotional and financial strain. You don’t have to go through this alone.
Let us help you establish parental rights and protect your child’s future.
Book a free consultation and learn how our family lawyer in Vaughan can assist with your custody arrangements.