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How is Child Custody Decided?

Dawn Sherwin • Feb 09, 2024

Child custody decisions are often complex and are determined based on the best interests of the child. Courts consider various factors, including the child's age, health, and emotional bonds with each parent, as well as the parents' ability to provide for the child's needs and their willingness to support the child's relationship with the other parent. The child's own wishes may also be taken into account if they are of sufficient age and maturity. The goal is to ensure a stable, loving, and safe environment for the child.

In many cases, family courts prefer to award joint custody, which enables the child to maintain strong relationships with both parents post-divorce. This arrangement requires parents to work collaboratively in making major decisions affecting the child’s welfare. Nonetheless, sole custody may be determined when it appears to be in the child’s best interest, especially in instances where one parent may be deemed unfit due to reasons including substance abuse, a history of violence, or an inability to provide proper care. Custody evaluations by neutral professionals may play a vital role in the court’s decision, providing insight into the parenting capabilities and the child’s needs.

Enlisting the help of Grant Lee Law can be invaluable when navigating the complexities of child custody. A skilled attorney can provide guidance through the legal process, advocate on your behalf, and help ensure that your rights are protected while also prioritizing the best interests of your child. With knowledge of family law and experience in custody cases, a lawyer can help in negotiating custody arrangements and parenting plans, handle court communications, and represent you during mediation sessions or court hearings. It's important to choose an attorney who is not only experienced but also someone you feel comfortable working with, as they will be a critical ally during what can be a challenging period.

The primary types of child custody recognized in family law include:

Physical Custody: This refers to where the child will live and with which parent. The parent with physical custody provides the day-to-day care for the child.

Legal Custody: This involves the rights and responsibilities associated with making major decisions affecting the child's welfare, including choices about education, medical care, and religious upbringing.

Sole Custody: Sole custody means one parent has either sole legal custody, sole physical custody, or both. This parent makes important decisions regarding the child's life and is the child's primary caretaker.

Joint Custody: Also known as shared custody, this arrangement allows both parents to have significant roles in the child's life. Joint custody can be divided into joint legal custody, joint physical custody, or both, meaning parents share in the day-to-day upbringing and in making significant decisions.

Split Custody: This is less common and involves siblings being split up, where one parent has full custody over some children, and the other parent has custody over the remaining siblings.

Understanding these distinctions is crucial when seeking a custody arrangement that serves the best interest of the child.

If you need help with your child’s custody arrangement know that Grant Lee Law is here to help. Angela Grant-Lee respects your needs and financial situation.

Angela Grant-Lee and her invaluable team are a phone call away at 905-315-6837!

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By Chelsey Smith • 09 Apr, 2024

Family law covers a broad range of legal issues, most of which are intimately connected with the relationships and interactions within a family. A proficient family law firm can provide indispensable guidance and representation in various situations such as:

Can I Change my Separation Agreement?

By Chelsey Smith • 01 Apr, 2024

In Ontario, modifying a separation agreement can be feasible but requires mutual consent from both parties involved. It's fundamental to understand that once a separation agreement is signed, it becomes a legally binding contract. Therefore, any changes or adjustments require careful negotiation and agreement from both spouses. Typically, this involves revisiting the terms and seeking legal counsel to ensure that any amendments are legally valid and reflect the current intentions and circumstances of both parties. If circumstances have significantly changed since the original agreement was made, such as changes in income, marital status, or living arrangements, these changes may provide a basis for revising the agreement. It’s crucial for both parties to openly discuss their current situations and come to a mutual understanding before proceeding with any legal modifications. Documentation supporting the changes, such as financial statements or evidence of a change in living circumstances, should be prepared to facilitate the process. Engaging in mediation may also be a helpful step towards reaching an agreement, as it provides a structured environment for negotiation with the assistance of a neutral third party. Once both parties have reached an agreement on the modifications, it's imperative that these changes are formalized in writing. This typically involves drafting a new document or an amendment to the original separation agreement that outlines the agreed upon adjustments. It’s highly recommended to seek assistance from a family law attorney, like Angela Grant Lee, to ensure the document complies with Ontario’s legal standards and fully captures the intent of both parties. This step is crucial not only for the enforceability of the agreement but also to prevent potential disputes in the future. After finalizing the document, both parties should sign it, preferably in the presence of a witness, to solidify its legal standing. Remember, it’s essential to keep updated copies of this document for your records, as it represents the current terms governing your separation. While it is possible to change a separation agreement in Ontario, it requires careful consideration and mutual consent from both parties. It’s crucial to approach any modifications with transparency, honesty, and proper legal guidance from a Family Law Attorney to be sure the changes accurately reflect the current circumstances and foster a fair resolution for all involved. Remember to keep open communication with your former spouse and seek professional assistance. Angela Grant Lee and her team at Grant Lee Law will help you get the Separation Agreement to suit your needs, call today 905-315-6837!

a divorce agreement is sitting on a wooden table next to a pen .

Should I Revisit My Separation/Divorce Agreement?

By Dorcus Srivaram • 08 Jan, 2024

Circumstances may change, making it necessary to revisit your separation/divorce agreement. In this blog post, we will explore whether revisiting your separation/divorce agreement is a good idea.