Divorce can be a complicated and emotionally fraught process. Many divorces have some element of animosity or angst along the way, which can lead parents to make tough decisions. Typically, in a divorce case, both parents share joint legal custody of a child or children that resulted from the marriage. If the parents have never been married, the mother starts with a bit of an advantage—fathers have to establish paternity to assert their rights. Once that is done, both parents have the same rights, and the court will evaluate the situations of both parents and consider their separate abilities to care for their children. Sometimes, the rights of the mother may come into question. In those situations and all other family court cases, an Oakville mother’s rights lawyer is here for you.
Married parents have the same rights to children, regardless of gender. Decisions about custody are based on the best interests standard, focusing on the child’s physical, emotional, and psychological health. The court may look at the parent’s stability, the child’s preferences, the established relationships, and whether the parent will facilitate a relationship with the other parent. Additionally, the court will look at evidence of domestic violence.
Mothers who were never married to the father start with a bit of an advantage. They usually start with custody of the child since they give birth to the child. If the child primarily resides with the mother, then that custody is reinforced. The father has to establish paternity to assert his rights. A mother’s rights lawyer in Oakville could help parents better understand these automatic rights and responsibilities.
Proof of domestic violence can have a substantial impact on custody rights. The Children’s Law Reform Act and the Divorce Act both acknowledge that exposure to violence, even if it does not directly impact the child, is detrimental. So, a court can consider that when making custody decisions.
Generally, the non-violent parent will get primary custody. The violent parent may also lose decision-making rights because of concerns that the parents will be unable to co-parent effectively. They may be limited to supervised visitation or even lose access to the children if the courts think that they are a danger to the child.
However, mothers must prove abuse. The court will consider testimony, but substantiating evidence is significant. Medical records, police reports, testimony or affidavits from others, and other witness reports can help establish violence. A mother’s rights lawyer in Oakville could help their clients understand the proof required for domestic violence claims.
An Oakville mother’s rights lawyer, could help you secure your right to child support. In Ontario, the Family Law Act and the Federal Divorce Act govern child support, depending on the status of the parents’ relationship. Whether or not the parties were married, both parents could be obligated to pay child support.
The parent with primary physical custody has the right to obtain child support from the non-custodial parent. If parents split custody 50/50, one parent may owe support to the other if there are substantial financial disparities between the households. The Child Support Guidelines govern the amount of child support based on custody arrangements, income, and the total number of children.
Mothers can request retroactive child support if the other parent failed to pay child support in the past or if they concealed income. However, a court can only backdate support to the date when the parent first became aware of the child’s financial needs.
The Riley Divorce & Family Law Firm could help you navigate the complex divorce process and provide personalized assistance along the way. We have a team of lawyers ready to help you with all your concerns. We are available 24 hours to answer any questions you might have, from detailed matters of child support and parental custody to concerns about aggressive behavior. We can even meet with you virtually if that is more convenient for you.
You do not have to face your divorce alone or navigate rough waters unguided. Contact us at The Riley Divorce and Family Law Firm to learn more about how our Oakville mother’s rights lawyers can help you.
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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