Sole, Joint & Shared Child Custody in Ontario, Canada
Child custody determines with which parent your children will reside following a divorce or legal separation. Child custody agreements also involve other responsibilities a parent has for his or her children, including the right of the parent to make decisions for the child. At Fine & Associates Professional Corporation, we help individuals fight for their parental rights, whether they are seeking sole, joint, or shared child custody in Canada.
Child Custody Arrangements
In Canada, child custody agreements generally fall within these specific types:
Sole Child Custody
In a Sole Custody arrangement, the court has determined that the child will fare best under the supervision of one parent only. This parent will have the final say in the health, education, and welfare of the child. Often, sole child custody agreements are sought in cases where domestic abuse threatens the welfare of the child.
Joint Child Custody
In a Joint Custody arrangement, both parties have an equal say in the health, education, and welfare of their child. However, a child will usually have a “primary residence” with one of the parents.
Shared Child Custody
Shared Custody arrangements specify that both parents care for the child equally and each parent has the right to make all decisions with respect to the health, education, and welfare of the child. The Child may live with one parent for one week or several days and then with the other parent for the same duration of time. Our family law lawyers will provide legal counsel to arrange your child custody schedule so that it meets your best interests and the best interests of your child.
Some parents try to care for the Child for more than 40% of the time, based on the belief that they will not have to pay child support to their spouse as a result of entering into a Shared Child Custody arrangement. A recent Supreme Court of Canada case held that just because a parent cares for a child more than 40% of the time does not necessarily mean that they have a reduced child support obligation. The court held that a complicated formula must be used in order to determine if it is justified to reduce the child support obligation.
Child Support Modification
If you are in a child custody situation that necessitates a modification of your child support (either because you are contributing more to supporting your child than before or you are unable to pay as much child support as set out in a court order or Separation Agreement), our experienced child support lawyers will help you determine if there are grounds to reduce your child support obligation.
Contact Our Experienced Child Custody Lawyers
At Fine & Associates Professional Corporation, our child custody lawyers approach Canada child custody matters with the appropriate empathy and understanding they deserve, but we are also aggressive when protecting and fighting for our clients’ rights! Whether you are seeking sole, joint, or shared custody, our dedicated child custody lawyers will fight for the best possible outcome for your situation. Contact us at Fine & Associates Professional Corporation to help you resolve your child custody arrangements today!