When you are fighting for child custody, the last thing you need to worry about is complicated paperwork, court motions, and child custody laws. Our team of Child Custody Lawyers in Oakville will take care of the legal complications so that you can concentrate on your job taking care of your children. You also have to deal with Child support and Access. These are important issues that will affect the rest of your life, this if why you need our team of lawyers since they have extensive experience helping parents through the complicated paperwork involved in a child custody dispute.
Rely on our family law lawyers for competent legal representation; we will help you file all of the necessary Court documents while also protecting your rights and interests.
The parent who has custody of their children has the right to make the important decisions regarding the wellbeing of the children. Some of these decisions are medical treatment, education and religion.
Child custody issues are always determined with one primary goal in mind, to do what is in the best interest of the child. There are four different types of child custody in Canada. The first one is sole custody whereby one parent alone has custody of the child. Another type of custody, joint custody, is where both parents share custody of the child. A third type of custody is shared custody. In this case, both parents have joint custody of the child and each spends at least 40% of the time with their child. One final type of child custody is split custody. This is a rare type of custody. Split custody takes place when one parent has custody over some of the children while the other parent has custody over the others. Courts are quite hesitant to award custody in this manner as they don’t want to split up brothers and sister.
Access (also known as visitation) is the time a person can spend with their children. Only in matters where there are serious concerns about abuse or parenting abilities will a court refuse to allow visitation rights or limit access to the child. In cases such as these, the court may decide that supervised access, which often occurs in the presence of a social worker, is the best thing to order.
Along with visitation rights to the child, the access parent is automatically allowed by law to inquire about their children’s health, education and welfare.
Primary or Principal Residence: The primary, or principal, residence is one where the child lives. In other words, this is where the child spends most of his/her time. For example, parents may have joint custody of the child but the child may spend the majority of the time with the mother or father, thereby having his/her primary residence with that parent.
If you have already separated or decided to separate, you may already have an idea of how the new family dynamic will look. You may opt for a joint parenting regime, where each of you has the children in their physical custody for 50% of the time. However, joint parenting is not practical in every case, and in some cases custody can become a battle between you and the other parent.
If a custody battle ensues, it is important to ensure that you hire an experienced child custody lawyer who will have your children’s best interests at the forefront.
Child Custody battles are at times decided in the courtroom. However, our team of child custody lawyers will work diligently to reach a custody arrangement with your ex-spouse rather than having a custody regime imposed upon you by a Judge, which arrangement may or may not be to your liking.
Once custody is settled, child support can be discussed. In most cases child support is easily calculated using the Federal Child Support Guidelines.
If you have questions or concerns regarding your child custody arrangement and / or support issues, call today to book a consultation at 905-847-0888.