Child Custody For Fathers Who Are Not Married

When a relationship ends, it can be a very difficult time. When there are children involved, it can make the breakup even more complicated. If the couple has children and were never married, it is important for the father to know what his rights to the child are. Child custody for fathers not married differ from those who are married.

Custody of The Child

It is important for a father to know his rights when it comes to custody of his child. A father can obtain custody of his child through the Family Relations Act.

According to the Family Relations Act, custody is defined as the physical possession of a child. When a father has custody, he has the right to make decisions for the child’s day to day life.

Access:  According to the Family Relations Act, Access allows the father to have temporary physical possession of the child. When a father has access, he has more rights to the child than if he had visitation. Typically, when a father has access, he spends equal time with the child as the mother does.

Guardianship: According to the Family Relations Act, Guardianship allows the father to have physical possession of the child and he may also make decisions for the child regarding education and healthcare issues.

There are two standard types of guardianship. The first is Horn. Horn is when the parents agree on decisions pertaining to the child. If they cannot agree, they must go to court to decide what is best. Joyce is the second type. Joyce gives the right to make decisions to the parent with the primary residence.

If the parents were married, the father is granted automatic guardianship. This is not the case for unmarried fathers.  If the parents have never been married, the father must petition the court guardianship. In order to get custody or access of the child, the father must prove that is in the best interest of the child to have time with both parents. He must also prove to the court that both parents are qualified to have responsibility of the child.

Visitation Rights

When it comes to visitation of the child, the Provincial Family Court of Canada will grant visitation. Because the courts believe that the child benefits from a relationship with both parents, visitation is almost always granted. However, if he does not adhere to the set visitation schedule, the father can lose his right to visitation. Another time that the court will take away the visitation rights is if the child refuses to see him.

If a father has visitation rights and access, he has the right to weigh in on matters regarding the child’s education and healthcare. If the mother is planning on changing the child’s name, the father must be notified thirty days in advance.

Child Support

The Department of Justice in Canada handles all matters regarding child support. The courts believe the child will benefit by being supported financially by both parents. If a father has visitation rights but neglects to make payments, his visitation rights cannot be taken away. If a father has had his visitation rights revoked, he is still responsible to pay child support.

A father has the right to hire an attorney when trying to get child custody, access, or guardianship. He can also hire an attorney when child support is being decided.

Get the resolution you deserve. Our Toronto divorce lawyers will fight to get you a fair and just result. Contact our family lawyers with any inquiries you may have.