Determining custody, including parenting time and decision-making responsibilities, is one of the most essential and often emotionally charged components of separation and divorce. The family courts in Canada aim to order arrangements based on the best interests of the children, which requires stable relationships with both of their parents.
While courts prefer the parties learn to work together and agree outside of court to co-parent effectively, sometimes circumstances make that impossible. A diligent family lawyer could help parents work toward reaching the best potential outcome. Let an Oakville child custody lawyer minimize your stress and take time-consuming tasks off your shoulders by handling the legal work on your behalf.
Physical and legal custody are the legal rights to have parenting time and make essential decisions about the children. Family laws seek to determine what is in the best interests of the children when making custody decisions, and there are various types of arrangements.
Sole custody, also called full custody, is an arrangement where the child lives with one of their parents full-time, giving them legal authority over where the children reside. The parent also has the decision-making rights and responsibilities, including agreeing or disagreeing with non-custodial parenting time schedules.
However, effective co-parenting requires compromise. Sole custody is relatively rare, and the court usually only grants it when joint custody is not in the best interests of the children.
Joint custody means both children’s parents share essential decision-making responsibilities. The child may live with one parent while the other has parenting time or split time between both. The family courts seek to ensure both parents have equal or as close to equal time as possible with their kids.
When co-parents share custody of their children, each party has them at least 40 percent of the time or as close to equally as possible. Parents may have shared physical custody even if one has legal custody.
They may also share the authority to make vital decisions regarding medical care, school or education programs, and religion. After reviewing your situation, our Oakville lawyers could answer your specific questions and provide sound legal advice regarding custody.
Federal legislation and guidelines for co-parents who have already divorced or are in the process of ending their marriage fall under the Divorce Act. According to the instruction provided by the Divorce Act § 16.2(1), parenting time refers to the duration children are physically present with one of the parents or guardians. The family court aims for equal parenting time, but the most significant consideration is the children’s best interests, including their physical and emotional needs, safety, and well-being.
As with the Children’s Reform Act, decision-making responsibility refers to one or both parents having the right and authority to make essential decisions for their children. The team at The Riley Divorce & Family Law Firm in Oakville are seasoned child custody lawyers who understand the frustrations of custody proceedings and could help you through the process.
Separation and divorce are never simple, which is particularly true when kids are involved. We are compassionate and experienced Oakville child custody lawyers who understand the stressful situation parents often face and can help you navigate the process while protecting your rights.
The Riley Divorce & Family Law Firm has multiple experienced lawyers who could provide sound legal advice and guidance. Call today for more information and to schedule a consultation. We are available seven days a week and 24 hours a day.
Now you can have your Consultation with Paul Riley any time from the comfort of your own home. With video calls from Zoom, your Team at The Riley Divorce & Family Law Firm can meet with you virtually, and learn about your case. All you need is a smartphone, tablet, laptop, or desktop with a built-in camera and microphone.
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