What Are the Conditions for Filing for Custody in Ontario?

In the time that a couple files for custody in Ontario, there are certain factors that the court has to consider. It becomes more challenging when the couple can't reach an agreement, especially when it comes to the custody schedule.

Parents or guardians get their request for custody declined if they don't follow the proper procedure. That’s why it’s important to know how to properly compile your documents and know where you’re supposed to file them.



Remember that the court will always place the well-being of the child before anything else. That means the court will look at your documents and schedule and decide which guardianship setup will be good for the juvenile.

Understanding How Child Custody Works

When talking about child custody, it means you are aiming to gain access to care for your child. That will include maintenance, care, and control of the juvenile while they are in the crucial part of their younger years.

It becomes a problem when the parents decide to go separate ways and can’t agree on how to manage the well-being of their kids. This is where the family court joins in to assist the spouses in decision-making. 

The family court aims to ensure that the juvenile will have access to their educational, physical, and emotional needs even when the parents separate. Your kids must be safe and secure with either one or both parents who are granted guardianship eligibility.

Can Both Parents Gain Custody?

The answer to this is yes, they can, and it’s a 50/50 custody. This is where the juvenile can spend a certain amount of time with both parents taking care of them. It means that the child needs to have a residence with the mother and one with the father.

There are alternating times required for the juvenile to spend with one parent and then the other. Arrangements often include having the child spend a few days or weeks with one parent and then the next couple of days and weeks with the other parent.

Parents need to plan their guardianship schedules and ensure that the juvenile won’t get too tired of moving from one residence to another. This is also why it’s encouraged for spouses to stay in the same community if they plan on pushing for 50/50 guardianship.

Having the Right to Visit the Child

The entitlement to visit your child is also called having access to your kids. It means that the spouse who isn’t granted custody will still be entitled to know where their child’s location is. They can also ask about the health and educational status of the child from the other parent.

If you look through an access order, it will state how and when the other parent can visit and take their child. This is to help protect the juvenile and also to inform the parent who has guardianship about the whereabouts of their kids.

To ensure that you can have access to your child after separation, always ensure that you can communicate well with your spouse. This is because you will be relying on them to update you on how your child is doing and when you can visit them.


How the Court Decides Who to Give Custody To

The court will take into consideration several factors before they finally give guardianship of the juvenile to a parent. They will look into things that are essential to the kid’s growth and review the documents of the parents applying for guardianship and access.

  • Readiness to facilitate the child's interaction with the other parent
  • Requirements of the child based on their age and developmental stage
  • Family violence in any form and its effects on kids
  • The readiness of both mom and dad to work together on matters about the welfare of the kid
  • Quality and strength of the child's bond with each parent
  • Preference of the kids, taking into account their age
  • Capacity and readiness to provide for the juvenile’s needs

4 Kinds of Child Custody

There are four types of child custody, and the mom and dad can decide which type of custody they choose to have. The guardianship granted also depends on whether the mom and dad will still want to talk with each other when they separate.

Sole Custody

This is one of the most common types of custody, where one parent wants their kids to live permanently with them. If a mom or dad is granted sole guardianship, they can decide whether the other parent can have access to visit their child.

Split Custody

This happens when the parents have more than one child. It means that one child can stay with a parent, and the other will go to the other parent. The kids will have to live permanently with their parents, who have guardianship over them.

Joint Custody

This is also known as a 50/50 type of guardianship because both spouses share the entitlement to care for their kids. They will have to work together to take care of the juvenile despite having to live separately and not stay as a married couple anymore.

Shared Custody

It is a situation where both mom and dad have equal eligibility to care for their child but one spouse is more stable in caring for the child. This means that the other spouse could be more financially stable, have better living facilities, or have greater access to the medical and educational needs of the juvenile.

The Process of Child Custody

For moms and dads who are unsure of how to move forward with custody, they can always hire a family lawyer. These are legal experts who know how the process of child custody works. They can also help you create a good guardianship schedule for your kids.

There are cases where the child in question can choose who they want to live with. One thing to note is that kids under the age of 18 can’t choose who to go with, and the court will have to decide for them. 

Even if a parent can’t gain guardianship, they can still apply for an access order. This is where they can have the right to visit and spend time with their children, even if they weren't granted custody. You will also have to make advanced arrangements with your spouse regarding your visitation schedule.

Which of the Parents Has the Upper Hand?

If the child is underage, then it will likely be the mother who will have custody, but that’s also not true all the time. Nowadays, both moms and dads tend to have work and find it hard to balance their time to care for their children.

No parent has the upper hand over another, and the court will always choose to judge fairly. If you want to gain custody of your child, you have to ensure that you can care for them and be able to prove in the family court for custody in Ontario that you are a capable parent for your kids.

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