Many people falsely believe that when a couple divorces, the children will automatically be placed with the mother. In reality, Toronto family law focuses on one thing: The best interest of the children.
Some of the important factors that a court considers when determining custody are:
- First and foremost the best interest of the children.
- The parents and the children’s schedules.
- Parenting abilities of each individual.
- The parent-child relationship and bonding.
- Each parents mental, physical and emotional health.
- Sibling issues. Generally, brothers and sisters will be kept together, but under some circumstances it may be necessary to consider separating them.
- Available support systems of each parent (for example, help and involvement of grandparents or other close relatives).
- The child’s wishes.
- Care arrangements before the separation. Who was the primary care giver?
A family lawyer Toronto will consider several different aspects when you discuss child custody. There are multiple types of different custody arrangements.
While we’ve shared brief information about child custody below, feel free to contact Niroomand Law Office Toronto for more information.
4 Types of Child Custody
- Joint Custody: This is where both parents have custody. This is also known as joint legal custody. Courts will normally only awards this type of custody to parents who are able to cooperate on parenting matters. While parents may have joint custody, the residency/access arrangements for the children may vary widely.
- Split Custody: This is when one parent has custody of some of the children, and the other parent has custody of the remaining children. Courts try to never split up up younger children from their siblings. However, older siblings often choose to live with different parents.
- Sole Custody: This is when one parent has custody of the children. In this case, the child always resides permanently with the parent having sole custody and the other parent may have access visits.
- Shared Custody: This is when both parents have joint custody of the children, and both parents spend at least 40% of the time with their children. This is also known as joint physical custody.
4 Ways to Resolve Child Custody Issue Without Going to Court
Following arrangements are way cheaper, faster and less stressful than child custody trials.
- Lawyers: You and your spouse can retain separate Toronto divorce lawyers to help you understand your legal rights and obligations and negotiate an out of court parenting agreement. Another option is to participate in the Collaborative Law process, involving family lawyers, child specialists, divorce coaches and others.
- Family Mediator: A mediator is generally a person with a legal or social work background. A mediator works with both parents to help you to discuss and decide on the best arrangements for your children.
- Parent-Education Sessions: These sessions will present different options for settling issues about separation and divorce and also discuss the impact it has on children.
- Therapist: Parents can meet with family therapists, counselors, child psychologists, social workers or any other professionals, who specialize in the effects of separation and divorce on children.