Child Custody Lawyers In Toronto, Ontario
Working For The Best Interests Of Your Children
Child custody and access is one of the most important parts of many family law cases. When it comes to your children, you want a child custody lawyer who can provide excellent legal services and represent you to the best of their abilities.
Child custody situations come with a lot of questions and uncertainty, so we’ve answered some of the most common questions we get below so you can have a better idea of what to expect and how our family lawyers can help.
If you are going through a divorce with children or are thinking about petitioning the courts for a change in custody, our law firm can help. Our team of family law lawyers understands child support guidelines and knows how to handle these types of cases and can help you fight for access to your children and parenting time.
Do The Ontario Courts Prefer Sole Custody Or Joint Custody?
In general, the Ontario courts prefer that parents are able to have shared custody (joint custody) and access to the children instead of sole custody arrangements. This is because the family court recognizes that children benefit emotionally, financially, and physically from a healthy relationship with both parents better fits the interests of the child.
When the parents share decision-making responsibilities and have relatively equal time with the children in a split custody and access situation, it can continue to provide some of the advantages the children would have had in a traditional two-parent household.
However, it’s also important to note that a joint custody arrangement isn’t ideal for all situations. If the parents live far apart geographically or are unable to co-parent civilly, the courts may rule that a sole custody arrangement with one parent better fits the needs and interests of the children.
In Toronto, child custody decisions are made based on the best interests of the child. The following factors are typically considered by the courts:
- Child’s Preference: Depending on the child’s age and maturity, the court may consider their wishes regarding custody arrangements.
- Parent-Child Relationship: The strength and quality of the relationship each parent has with the child, including emotional bonds, caregiving history, and the ability to meet the child’s needs.
- Parenting Abilities: Each parent’s ability to provide for the child’s physical, emotional, and psychological well-being, including their involvement in day-to-day care.
- Stability of the Home Environment: The ability of each parent to provide a stable, consistent home environment that supports the child’s needs.
- Parental Cooperation: The willingness and ability of both parents to communicate and work together in the best interests of the child, including sharing parenting responsibilities.
- Child’s Relationship with Siblings: The child’s relationships with other siblings and the impact of separating them, if applicable.
- Mental and Physical Health of Parents: The mental and physical health of each parent, which can influence their ability to care for the child.
- History of Family Violence: Any history of domestic violence, child abuse, or neglect, and the effect this has on the child’s well-being.
- Parental Role in Decision-Making: Each parent’s involvement in making major decisions regarding the child’s education, healthcare, and religious upbringing.
- Cultural, Linguistic, and Religious Considerations: The child’s cultural, linguistic, and religious heritage, and the ability of each parent to support and preserve these aspects.
- Geographic Location: The proximity of each parent’s home to the child’s school, family, and social network, which may affect the child’s stability and overall well-being.
- Impact of Custody on the Child: The potential impact of the proposed custody arrangement on the child’s well-being, including their emotional and psychological health.
Each case is unique, and the court will weigh these factors based on the specific circumstances of the family.
How Do I File For Custody In The Family Law Courts?
Filing for custody involves petitioning the courts for an official legal custody order. This is automatically done in most cases when a couple files for divorce as one of the major decisions to be settled before the marriage is terminated.
However, it can also be done at any time if the parents aren’t married and one party wants to establish a custody order. An experienced lawyer can help you file for custody in Ontario court.
What If I Want To Modify An Existing Custody Order?
It’s possible to file a petition for a change in custody and access through legal proceedings after a child custody order has already been put in place. This can be more difficult than establishing an order in the first place, and it’s a good idea to hire a law firm that has an experienced child custody lawyer.
If you want to modify an existing custody order, you should be prepared to explain to the courts why the change is in the best interests of the children. It’s important to note that changes to custody, such as moving to shared custody from sole custody, can also have an effect on other issues, such as child support.
Can An Experienced Child Custody Lawyer Toronto Help Me In A Custody Fight?
A family law group can absolutely better your odds in a child custody fight. Anthony Family Law has extensive experience with all types of child custody cases, and we know just how quickly a straightforward case can turn into a heated battle.
We work to protect your legal rights to your children, whether that means helping you negotiate an initial custody agreement or taking your case all the way to trial.
Any time you are dealing with a child custody and access situation, it’s important to have experienced a child custody lawyer representing you. You can contact our law firm at 647-933-2397 to find out more about how we handle child custody cases and what your options are for family law services.