Do You Need a Toronto Family Lawyer?

Toronto Family Lawyer

When a marriage or relationship breaks down, parents are forced to make decisions about how and with whom the children will live. In some cases, decisions can be made with or without the help of a Toronto family lawyer. However, when both the parents disagree they will need to seek out legal advice to understand their rights and obligations in obtaining custody or access.

Custody technically means having the legal right and responsibility to make decisions for the child’s welfare and upbringing which can be related to health, education, religion and other major issues that may greatly affect the formation of the child. Decisions that are made day-to-day, such as schedules, diet restrictions, vacations, etc. do not form part of custody and are made with the parent who the child lives with at the moment.

There are different types of custody:

Sole custody is when only one parent has rights and responsibilities to make decisions concerning the child. Whether the other parent agrees or disagrees with any decisions the custodial parent makes will not matter at all. In addition, the child lives all the time, or most of the time, with the custodial parent.

In a joint custody both of the child’s parents may take turns having the child live with them and they share equal time and rights and responsibilities in making decisions that affect the child. One parent cannot make a final decision without the agreement of the other.

A split custody happens when each parent has custody of one or more of the children. For example, the older child stays with the father who has rights and responsibilities over him, and the younger children live with the mother who has custody over them.

A shared custody is when both parents are given joint custody, which means the child lives for an equal length of time with each of them.

Access rights such as visiting rights and outing rights are given to the parent who does not have full custody of the child. Access indicates the level of contact the parent can have with the child. If a child lives primarily with one parent, the other parent can see the child on an agreed schedule.

Custody and access decisions can be made in two ways. The first is through a separation agreement. This is possible only if the parents have civil relations with each other as they will have to sit down in the presence of a lawyer and make decisions together for the best interest of the child. Decisions that are made during the course of discussion are put down on paper and signed by both parties along with witnesses. This document is referred to as the ‘parenting plan’ or ‘parenting agreement.’

In situations wherein both parents are uncooperative and cannot come up with an agreement, then they are forced to have the court decide on who obtains custody of their child. Custody and access court cases can become costly and complicated, especially when a case cannot be resolved with just one trial. In this case, the legal proceedings can be drawn-out for months and affect you and your child for the rest of your lives.

Before deciding to go to court, it is advisable to meet with a lawyer. A family lawyer in Toronto can advise you on what evidence to gather to support your case and create an action plan to help you build your case to ensure that the court rules in your favor.