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Child Law

Child custody and Related Laws

The process of getting a divorce can affect you both emotionally and financially. Hiring a lawyer who is specialized and has adequate experience in family law can give you some relief and make the process manageable. Fighting for property, child custody, and support is something you may have to face when filing for a divorce. Keeping in mind these things about child custody, when filing for divorce as per family law Toronto, might make the process less challenging.

Decisive factors for child custody

Before making a judgment on the child’s custody, a number of issues keeping in mind the child’s best interest, are considered and investigated.

• Stability of the parents/households competing for custody
• Whether or not each parent is willing to let the child develop a positive relationship with the other parent.
• Whether both the parents are capable of taking care of the child by themselves
• At times, the child’s wishes and the relationship between the children and their siblings or step-siblings is also taken into consideration.

Besides that, each parent is asked to give a custody plan, which should elaborate on details about how they are going to care for the child and the arrangements they have made for him/her.

Custody options as per family law in Toronto

After thorough investigation, a court may decide on any of the following custody options, keeping in mind the child’s welfare.

Joint custody

Joint custody can be defined as the joint right that both parents have, with regards to decisions they make about the child. This decision has nothing to do with who the child has to stay with, but makes it necessary for both parents to discuss and come to a consensus whenever they have to make a major decision that can impact the child and his/her future.

Although the child stays with one of the parents, joint custody makes it essential that the child stays at a closer distance to both the parents. This at times, makes it difficult for the custodial parent to move away with the child.

Shared custody

Shared custody as per family law Toronto defines that the child has to stay a near equal number of days with both the parents. Mostly agreed with a joint custody arrangement, this type of custody needs both the parents to stay at easily accessible distance, which is also closer to the child’s school, friends and activity centers.

Access to the child

If the child’s custody is given only to one parent, the other parent is allowed to meet the child on specified days of the week, to enable a normal and healthy development in the child. The access parent is allowed to spend time with the child, and also get information about his/her welfare from the custodial parent as well as third parties involved like the teacher, doctor, babysitter etc.

In some cases, the access parent can meet the child only under the presence or supervision of a third party like a relative or friend. However, this is valid under family law in Toronto, only when the access parent’s behavior can be potentially harmful to the child.