CHILD CUSTODY LAWYER SUNNYBROOK

There is nothing more important to you than your children when you are considering separating. Gottlieb Law Firm understands this. To help you better understand the complex area of the law, Gottlieb Law Firm outlines below some important concepts for you.

“Custody” means the legal ability and responsibility to make major decisions for a child’s care and upbringing such as:

• Where they will live;

• Where they will go to school;

• What medical treatment they will receive; and

• What religion they will practise.

Different types of custody include:

• Sole custody: one person has the responsibility and authority to make major decisions about a child’s care and how they will be raised. Usually, but not always, the child lives primarily with the person with sole custody.

• Joint custody: two people, usually the parents, share the responsibility for making decisions for a child. It does not necessarily mean that a child will spend “equal” time with both parents.

• Shared custody: Both parents share the responsibility for making decisions and caring for the child. Under the Child Support Guidelines, shared custody is where a child lives at least 40% of the time with each parents.

• Split custody: Parents have more than one child together and each parent has one or more child(ren) living primarily with him or her.

In most circumstances, the courts will not interfere with an agreement made by parents about custody and access. If parents or guardians cannot come to an agreement, they must go to court, or hire a child custody lawyer or mediator to help resolve the issues.

Asking the courts to resolve custody disputes is emotionally draining. In making its decision, the court will consider the Divorce Act, the Family Law Act, the Children’s Law Reform Act, results of court-ordered assessments, and the decisions in prior court cases. Further, pursuant to the Children’s Law Reform Act, the child must also be habitually resident in Ontario for an Ontario court to make custody or access orders. Primarily, courts tend to look at what is in the best interests of the child, when determining who gets custody and access.

​