Mississauga Child Custody Lawyers
CHILD CUSTODY LAWYERS IN MISSISSAUGA
Separation / Divorce And Child Custody Mississauga Lawyers
Separation and divorce are difficult periods of uncertainty, anxiety, and stress. Following separation or divorce, the need for child custody and parenting arrangements often create added pressure in determining how to manage the time that your children spend between households. Figuring out who gets custody of the children on holidays, birthdays, and special events often poses challenges and conflicts between spouses.
By clearly defining the terms of physical custody and parenting time, spouses can schedule their calendars in preparation for when they have their children staying with them. In an ideal situation, all parties agree to the terms of the children’s living arrangement. However, this is not always the case. If one spouse doesn’t agree with a term or certain terms, it can make an amicable situation contentious, which is why a formal legal agreement of custody is ideal.
In the event that one spouse files for custody of the children, the other spouse must prepare a defence for retaining custody. A child custody lawyer will put your best case forward by highlighting the needs of your children and the optimal living arrangements for them. As there are different kinds of child custody, it is best to seek legal representation to ensure that your children’s needs are met. Choose Tailor Law for nuanced legal services tailored to meet your child custody needs. A free consultation with a Mississauga child custody lawyer can be booked anytime at 905-366-0202.
Getting Custody of a Child
Gaining custody of your child is a complex process. It requires the consideration of the child or children’s lifestyle prior to the separation or divorce. It may also involve the consideration of the financial position of both spouses. While spouses believe they know what is best for their children, the family law court may have a different idea. In determining whether you will receive custody of your child, the court takes the following items into consideration:
- the child’s well-being;
- who the primary caregiver of the child is;
- where the child currently lives;
- the mental and physical health of each spouse;
- the child’s relationship with each spouse; and
- where the child attends school.
These items are considered the “best interests of the child”. While these considerations are a starting point for determining what the best interests of the child are, they are by no means exhaustive. There are other factors that the court takes into consideration. The court may also consider special accommodations that the child may require.
Determining whether you receive custody will depend on your ability to care for and discipline your child, your ability to juggle work life with family life, and your ability to ensure that your child’s standard of life is not reduced as a result of the separation and divorce.
Types of Custody
Joint / Shared
Joint or shared custody occurs when parents of the child share physical and legal custody. A typical physical custody arrangement could be one in which one parent has the child 50% of the time and the other parent has the child 50% of the time. Arrangements do not have to be 50/50. Depending on work schedules and other commitments, the arrangement could be 70/30, 60/40, and so on.
Legal custody occurs when the parents make decisions on the well-being of the child and the day-to-day activities of the child on a joint basis. When parents share legal custody, they make decisions together on important decisions such as where the child will attend school, where the child will attend religious instruction (if any), where the child will attend daycare, and what health regimes will be enforced for the child.
Sole / full
Obtaining full custody of your child can feel like the only option when a marriage breaks down. There are often conflicting personalities and opinions on how the children will be raised. Requesting full custody of your children should not be daunting. In determining the best path for sole or full legal custody, Tailor Law firm gets your point across by zealously arguing for your child’s best interests.
By working with you in a transparent manner, we aim to meet your needs by maintaining communication, remaining transparent, and seeking the best path to sole custody. Full custody applications require the best legal resources and staff who are knowledgeable about family law issues. Tailor Law offers full assurance by handling your case diligently and professionally.
Forms & Other Resources
FOR ONTARIO & LOCAL GTA COURTS
If you’re unsure of where to begin conducting research on your family law case, or you are trying to determine how to secure child access, government websites on family law are your best resource. While government websites hold no legal weight, they are a great starting point on determining which statutes and legislation apply to your specific case. Government websites are also official resources that are designed to help you with your case in a simple, easy to understand format.
Some resources for Ontario family law issues can be found at the following websites:
- Attorney General – Family Law
- Attorney General – Family Law Legislation
- Attorney General – Divorce and Separation
The Ministry of the Attorney General has produced a handbook on family law in Ontario which can be found here.
The handbook outlines topics related to common law unions, resources on going to court and choosing a lawyer, your legal rights and obligations with respect to children, and many other common issues found in family law.
Some of the most common forms for family law cases can be found below:
- Application for Divorce (also known as Form 8A). – This form is used to begin legal proceedings of divorce. It is filed with the court registrar and served to the other party.
- Financial Statement Form (also known as Form 13). – A financial statement form is used in support of (or to deny) spousal support claims
- Affidavit in support of claim for custody or access (also known as Form 35.1). – This form is used to attach an affidavit that is used to support one party’s request for custody or child access.
Other court forms can be found here.
Other legal resources can be found online, however, express caution when using these online resources, given that these resources may not be updated frequently. Outdated resources may put your case in jeopardy. Family law is a fast-paced area of law that is updated frequently, according to the changes in society.
In addition to outdated sources of law, online resources can contain inaccurate information. Online legal resources are often created by practitioners of law, but individuals who are not authorized to practice law also attempt to post legal information on their sites. While such websites and resources are created to assist those who do not have the means to pay for legal advice or assistance, incorrect advice can be costly and time-consuming to correct, once relied upon.
Correct and up-to-date information is vital to securing your rights. Tailor Law handles complex family law issues that require staying up-to-date on changes in legislation and case law. Hire your family lawyer with confidence.