Child Custody Lawyer: Protect your rights and preserve your relationship with your child.
Establish a parenting arrangement that serves your child’s best interests.
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Child custody and parenting time
When a couple separates, organizing the children's lives often becomes the parents' primary concern. They must determine where the child will live, establish parenting time, decide how important decisions affecting the child will be made, and determine how each parent will contribute to the child's well-being.
Our team of lawyers will guide you in finding solutions tailored to your family's needs, whether through negotiating a lasting agreement or representing you in court when necessary.
Depending on your situation, your lawyer can explain your rights and legal options regarding the questions that many parents face, including:
- Child support;
- Parental responsibility;
- Family mediation;
- Relocating with a child;
- Psychosocial assessments.
The child's best interests come first
Every decision is guided by the child’s best interests. The court considers factors such as the child’s needs, stability, each parent’s ability to care for the child, the child’s relationship with each parent, and any other relevant circumstances.
Different types of child custody
There is no legal presumption in favour of shared parenting. The court must always place the child’s best interests at the centre of its analysis and determine the parenting arrangement that best meets the child’s needs based on the specific circumstances of each case. When it is in the child’s best interests, the court will seek to establish arrangements that preserve meaningful relationships and provide balanced parenting time with both parents whenever possible.
Shared parenting time
Parenting time is shared meaningfully between both parents according to an arrangement that meets the child’s needs and reflects the family’s circumstances (for example, alternating weeks, a 2-2-3 schedule, a 5-2-2-5 schedule, or any other appropriate arrangement).
Parenting time primarily with one parent
The child resides primarily with one parent, while the other parent exercises parenting time according to the agreed-upon or court-ordered schedule.
Initial Consultation
Disagreeing about child custody or parenting time? Speak with a lawyer today.
Parents' role in important decisions
Regardless of how parenting time is divided, important decisions concerning the child (such as education, healthcare, school, passports, religion, changes of residence, and other major matters) are generally made jointly by both parents, unless the court orders otherwise.
To learn more about how these decisions are shared, visit our Parental Responsibility page.
Modifying child custody arrangements
Following a court judgment or a parenting agreement, parenting arrangements may be modified when there has been a significant change in circumstances. In such cases, an application can be made to the court to review the existing arrangements and order any necessary changes.
Frequently asked questions about child custody
1. Is joint custody automatic?
No. Child custody arrangements are determined based on the child’s best interests and specific needs, taking into account each family’s unique circumstances.
2. Can my child choose which parent to live with?
A child’s wishes may be considered depending on their age, maturity, and the circumstances of the case.
3. If my child expresses a preference, can the court hear their opinion?
Yes, in some cases. However, to minimize the child’s direct involvement in parental disputes, the court generally prefers that the child’s wishes be presented through a child’s attorney appointed by the court or, in certain situations, as part of a psychosocial evaluation.
4. Who decides which school my child will attend?
This is generally considered a major decision that should be made jointly by both parents.
5. Can I move with my child?
Court approval may be required if the move would affect the existing child custody or parenting arrangement. For more information, please visit our page on parental rights and responsibilities.
6. Do grandparents have legal rights regarding their grandchildren?
Yes, provided that maintaining the relationship is in the child’s best interests. However, the consent of a child who is 10 years of age or older may be required. If the parties cannot agree, the court will decide the matter.
7. Can a child custody order be modified?
Yes. A child custody order may be modified if there has been a significant change in circumstances that justifies the modification.
8. We agreed to joint custody. Which schedule is better: a week-on/week-off schedule or a 2-2-3 schedule?
There is no one-size-fits-all solution. The best custody schedule depends on each family’s specific circumstances and the child’s needs. However, for younger children, shorter parenting rotations—such as a 2-2-3 schedule—are often considered more appropriate.
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Need help with child custody or parenting arrangements?
Do you have questions about child custody or establishing a parenting schedule? Our attorneys, who primarily practice in family law and child protection matters, can advise and represent you to protect your rights and the rights of your child. Contact us for an initial consultation.
