Dispelling the Myths Around Unmarried Fathers Rights Ontario

When it comes to fathers’ rights, there are many myths circulating, and they’re generally quite harmful. There are a number of misapprehensions regarding unmarried fathers, too. Many of them don’t understand their rights under Ontario’s laws. Read on to get the facts on unmarried fathers’ rights in Ontario.

Myth: You Have No Right to Custody

Many people think that if you fathered a child out of wedlock, you don’t have a right to custody. The law says otherwise.

The term “custody” refers to who has the right to make important decisions for the child, such as where he or she will go to school or where he or she will live. There are two types of custody – sole and joint. “Sole” means that only one parent has the right to make those decisions, whereas joint custody applies to a situation in which the parents make those choices together.

It doesn’t matter that you were never married to the child’s other parent. You can still apply for sole or joint custody.

Myth: You Have No Right to Support

It’s a more common arrangement for a mother to raise children. However, in today’s society, fathers have a greater role in childrearing. So, it’s not impossible that an unmarried father might raise a child.

In Ontario, all parents have the right to ask their former partners to support their children (regardless of whether that child is biological or adopted). So, if you’re an unmarried father who’s raising your children, you have the right to ask your former partner for support to ensure your child’s wellbeing.

Myth: You Have No Right to Access

Let’s say you didn’t get custody of the child. You still have a legal right to see him or her.

The parent who doesn’t get custody will generally receive a right to access, which means that you can spend time with the child and stay up to date about his or her wellbeing.

Your former partner can’t deny you access unless a court orders it. Even if your partner claims your child doesn’t want to see you, you still have visitation rights.

Myth: Your Partner Can Kick You Out of Your Home

Were you and your partner living together before the relationship dissolved? You might have a right to stay in your home, depending on the circumstances.

Laws for married couples and unmarried couples differ when it comes to property division. Married couples will divide the value of the property under the law, while unmarried couples don’t have the same legal right to do that. Whatever property you brought into the relationship is yours.

When it comes to your home, if the name on the lease or title is yours, you get to stay. If both of your names are on the lease or title, your partner can’t kick you out. The only legal right your partner has to prevent you from living in your home if both your names are on the lease is by taking out a restraining order against you. In that situation, your partner needs to prove you’re a danger.

Turn to a Trusted Family Law Expert for Help with Unmarried Fathers’ Rights in Ontario

Just because you’re not married to your child’s other parent doesn’t mean you have no rights. An experienced family lawyer can help you navigate the laws regarding unmarried parents and fight for your rights.

Fine & Associates Professional Corporation is a well-respected Toronto Law Firm that prides itself on providing quality personal service and favourable outcomes in Family Law and Divorce Law.

You can click here to contact us, or fill out the form on the right free private phone consultation. Or call us at the phone number at the top of the page.