Child Custody & Access

What Is Child Custody?

Child custody is the right to make important decisions concerning a child’s care and upbringing. Parents with custody rights to their children can make decisions about how their children are educated, what kind of medical treatment they receive, and which religion or faith they will follow.

It’s not uncommon for parents to disagree on these types of issues, but only parents with custody have the authority to follow through on decisions. In most cases, the parent with the most custody to a child usually lives with the child, too.

Types of Child Custody

In Ontario, there are three types of custody:

• Sole Custody, which is a situation where one parent has complete custody over their child while the other may only have access. Parents with sole custody have the authority to make all important decisions about how to raise their children; the parent with access but no custody retains no legal right to make these decisions.
• Joint Custody, which is a situation where both parents share rights and responsibilities for raising their child, despite living apart. Joint custody is more concerned with which parent has the authority to make decisions about a child’s life than it is about how much time each parent has with their children. Joint custody often provides each parent the ability to make certain important decisions for their children and may only be ordered if a judge believes that the parents can work out disagreements.
• Temporary Custody is often ordered when a divorce, legal separation, or another legal issue is ongoing. If parents can’t agree on how to split time with their children on their own, then temporary custody may be ordered until a legal matter is resolved. It’s important to note that a temporary custody order won’t necessarily resemble the judge’s final decision on child custody.

Our child custody and access lawyer in Mississauga understands that custody is a key issue for most parents when it comes to their divorce or legal separation. Reach out to our firm today to learn more about how we can help!

What Is Access?

Access refers to the non-custodial parent’s right to spend time with their child, and thus the child’s right to spend time with that parent. Although parents with access typically have no legal authority to make important decisions for their children, the courts recognize the importance of maintaining the parent-child bond as long as that bond is in the child’s best interest.

Access agreements can provide scheduled visits or time with a child, which may occur in a public setting or in the non-custodial parent’s home. They can also provide the non-custodial parent with the right to know important information about the child’s education, health, and welfare.

How Do the Courts Decide Custody & Access?

Although it’s common for parents to believe that custody and access to their children are about their interests, the court is more concerned about what’s in a child’s best interest. In fact, virtually all decisions concerning children in family law matters are motivated by what a judge believes is in the child’s best interest.

A few of the factors that the courts use to evaluate a child’s best interest include the following:

• The child’s emotional tie to any individual seeking custody or access
• The child’s wishes (when the child is mature enough to express them)
• How long a child has been in a home and how stable that home is
• Each parent’s willingness and ability to provide physical and emotional care
• Each parent’s plan for the upbringing of their child
• Each parent’s ability to provide permanence and stability
• The biological or adoptive relationship between a child and anyone seeking custody or access
• Which parent has been most responsible for parenting duties up until this point

Do You Need Legal Help?

Take a step toward protecting your presence and role in your child’s life by reaching out to Rose Family Law for help. Our child custody and access lawyer in Mississauga can provide you with the representation necessary to adequately demonstrate that your child benefits from your presence and care.