It is definitely not fun going through a divorce. Not only is your heart aching because your happily ever after is not working out, there are all the other messy details to work through with your ex. It is even worse if you have children. Most of the time, one parent – usually the mother – will claim custody of the child and the other will have visitation rights as previously agreed. Unfortunately, if both parents are not backing down because they want the children with them, this could be the start of a lengthy child custody battle.
For the Child’s Benefit
In terms of child custody Ontario proceedings, the court will look at many different factors before giving custody rights to either parent. Most of the time, the judge will look at who has been the primary caregiver prior to this. Of course, every case is different and there are other factors taken into consideration before a decision can be made. One major consideration though would be that there should be as little disruption to the child’s normal life as possible. Therefore, his or her daily schedule will be looked into to see how much time is spent per day with either parent. The judge will do as much as possible to maintain the status quo so as to affect the child as little as possible.
The Relationship
Of course, one can say that the parent who has been the primary caregiver throughout the years of marriage will be more likely to be granted full custody. Still, the judge will also pay close attention to the relationship that the child has with both parents. Also, if there is more than one child, the court will normally not separate them. Instead, it is highly likely that one parent will be granted full custody of all children while the other will be granted visitation rights.
Know When to Take Action
When it comes to child custody Ontario disputes, it is always best to act as quickly as possible. This is especially true if one parent is facing pressure or abuse from the other parent; or, even if there is a possibility that one parent will try and abduct the children to keep the other parent from claiming custody. Either way, child custody Ontario disputes can normally be settled via mutual agreement by both parties. Otherwise the dispute will go through a court case and wait for the court order. Either way, it should be settled in a way so as cause minimal disruption as possible to the child’s life.
Child Custody Ontario – An experienced family law attorney, Carlos M. Cabrera have handled many cases involving child custody in Ontario. Get in touch with them.
