Going through a divorce or separation when you have a child can be an emotional and overwhelming experience for any father. You might feel uncertain about your future role in your child’s life, concerned about the time you will be able to spend with them, or unsure of how decisions about their upbringing will be made. These feelings are normal, but it is essential to understand your rights and responsibilities.
The legal system ensures that both parents have equal rights, but navigating the complexities of custody, child support, and parenting time can be challenging. Working with an experienced family lawyer can help you protect your relationship with your child and ensure that your rights are fully upheld. An Oakville father’s rights lawyer can guide you through the legal process, providing the support you need during this challenging time. Contact The Riley Divorce & Family Law Firm today to discuss your options and secure your parental rights.
Canada does not consider gender when determining parental rights. Under the Children’s Law Reform Act (CLRA) both parents–regardless of their marital status or gender—have equal rights and responsibilities toward their child.
Supporting the child is a joint responsibility, and the court can order either party to pay child support. Likewise—once parentage is established—the parents start with the assumption that they will each have the right to participate in important decisions about the child’s health, education, and welfare. Seeking custody or access to the child is another thing either parent can do.
When a court is asked to make decisions that are in the best interest of the child, certain factors are considered, including:
Generally, even if the child resides primarily with one parent, the other parent is granted access to the child through a parenting time agreement. Mothers do not have the right to deny a father’s access to the child as it is spelled out in the parenting agreement. However, either parent may be able to deny the co-parent access to the child. To do so, they must have severe and legitimate concerns about the child’s safety—and prove those concerns in court. A father’s rights lawyer in Oakville could help explain these details more thoroughly during a consultation.
Child support is governed by the Family Law Act and the Federal Child Support Guidelines, with the goal of ensuring children receive the financial support they need. Both parents are responsible for supporting the child, but the parent who does not have primary custody is usually responsible for child support. Child support obligations do not depend on whether the parties were ever married but on the parentage of the child or children involved.
The amount of child support is determined by the Child Support Guidelines based on the payor parent’s income, parenting time, and total number of children. In addition to basic needs like food, clothing, shelter, school supplies, and things to meet a child’s daily needs, the payor may need to help cover unique or extraordinary expenses like daycare, medical or dental expenses, extracurricular activities, or post-secondary education costs.
Child support obligations usually terminate when a child turns 18, graduates from post-secondary education, or gets a full-time job. However, the court can extend payments for exceptional circumstances.
While the law does not discriminate in terms of gender when it comes to parental rights, it does require that parents establish their link to the child. Before unmarried fathers can exercise their rights to custody, access, and involvement in their children’s lives, they must establish paternity and demonstrate involvement in the child’s life.
If paternity is not contested, a father can do that by acknowledging parentage and signing the child’s birth registration. If either party contests paternity, he can also do that through DNA testing and can get a court order for testing if the mother is uncooperative.
Once a father establishes paternity, he has rights under the CLRA. Neither parent enjoys automatic rights—the court considers the best interests standards while aiming to foster positive relationships between children and both parents. Working with an Oakville lawyer is the best way to establish paternity and protect your rights as a father.
There are few situations more emotional than resolving matters of child custody, support, and parenting time. An experienced Oakville father’s rights lawyer from The Riley Divorce & Family Law Firm can help protect your rights during this process. For a consultation with one of our lawyers, contact us online or by calling.
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