7 Factors That Determine Child Custody Rights in Canada

Following a divorce, a custody battle between parents may lead them to the court of law. During these proceedings, the court always prioritizes the well-being of the child or children in question and tries to make a decision in the child’s best interest. Here are a few factors that may determine a parent’s rights for custody in Canada.

1. The Child’s Age and Needs

The court analyzes the developmental needs of the child in reference to their age. It may involve physical, educational, and all other needs that a parent has to cater to. As a child grows, their needs vary, and custody is allotted to each parent considering that. A breastfed infant might not be allowed a visit from the father as much as a child of school-going age. Parents should consider their children’s present and future needs to make a strong case in their favor. A parent has to provide evidence of how they will be aiding their child’s development and why their contribution is necessary. Competent Canadian lawyers can educate you on your rights to improve your chances of winning a custody battle for your child.

2. The Age and Condition of the Parent

A parent may have the best intentions for their child, but a physical or mental restriction might keep them from providing for their children. The mental condition of each parent is considered much more important than their age or physical condition. If a parent is receiving treatment for a mental health condition, they may need to provide their medical records to the court. The custody of a child cannot be allotted to a parent whose mental health may impair their parental capabilities.

3. The Relationship with Each Parent

The court will evaluate the relationship of each parent with the children. Any history of verbal or physical abuse can strip a parent of custody rights. The relation between the parent and the child must be healthy and positive. Unless a child feels safe and happy in the company of their parent, the court will not grant them custody.

4. The Child’s Relationship with Other Family Members

Often, the custody of one child is tied with their siblings and other family members as well. Any family member, school friend, or neighbor that they have a bond with is taken into consideration when deciding custody. A child will not be separated from their siblings if it is likely to have a negative impact on their emotional well-being. If one parent wishes to move the child to another city or neighborhood, they must provide the court with evidence that the child’s important relationships will be maintained. Parents can take the help of Canadian consultants for child custody and prove to the court that the child can stay connected with the important people in their lives after moving.

5. The Role of the Parents

The monetary and non-monetary contribution each parent makes in a child’s upbringing is an important factor to be considered. How a parent has helped raise the child in the past will be evaluated by the court. The parent who has been the child’s primary caregiver has a better chance of retaining full custody. Divorce lawyers in Canada can help both parties decide on mutually agreeable terms and reach a decision that favors all parties.

6. The Relationship between the Parents

The conditions of child custody may need to be revised if parents are not getting along. A parent may not allow visitation to the other as frequently as ordered. Alternatively, one parent might be disrupting the routine of the child because of their visits. Parents need to agree on the terms of the custody agreement to help the child cope with the situation better.

7. The Preference of the Child

If a child is old enough to testify in court, their preference for a parent will play a big role during the custody battle. Until a child is 18 years old, they cannot weigh in on the court’s decision. However, the judge will likely talk to the child and consider their preferences.

Nanda and Associate Lawyers in Canada have helped many parents win custody battles in the court of law. The law consultants at the company make sure that the decision is made in favor of the child in question.

About the Author

The author of the blog works closely with child custody lawyers of Canada at Nanda and associate Lawyers. The company also has some of the best immigration consultants in Ontario that solve many legal issues for Canadian immigrants.