There is a myth that fathers never get custody. This myth is based on the historic fact that most children traditionally were raised by mothers and that fathers were the bread-winners. As a result, in those days, it made sense that the courts assumed it was in the best interests of the children to be primarily in the care of the mother.
Now, many families have two bread-winners and two caregivers; mom and dad share in both responsibilities. As a result, the courts in Ontario are more inclined to determine that an equal time sharing regime makes sense for families in which both parents are equally involved in child care.
If you are a father and want to have custody of your child, you need to prove that it is in the child’s best interests to be in your care. A strong argument for you having custody is if you can prove that historically you have been the primary caregiver and that you are willing and able to continue to provide the care your child deserves.
Custody court battles are nasty, take a lot of time to resolve and cost thousands of dollars. Often it is the children who suffer most from a court battle. We prefer to help our clients negotiate a settlement using a process called Collaborative Practice. This is a way to resolve your parenting issues and other separation-related issues with the help of professionals so as to minimize the impact on your children and keep costs down.
We help both fathers and mothers resolve parenting issues every day. If you would like a consultation with one our lawyers, please click here. We can help.