As a Father, What Are My Child Custody Rights?
Divorcing fathers always wonder whether they will be able to keep up a good relationship with their children going forward.
While it’s still rare for a father to gain sole custody of his children unless the mother is proven unfit, the courts have come to see the importance of both parents’ presence in their children’s lives.
That means that as a dad, you definitely do have the right to see your children and be in their lives – whether or not you are with their mother.
What is Custody?
Despite conventional wisdom, custody is not actually about who physically lives with the child. Custody actually refers to the right to make important decisions about how to care for your child, such as what religion they will practice, what legal name they will adopt, and where they will go to school.
Even if one parent has sole custody, the child may divide his time between both parents; conversely, a child may live with just one parent, but the parents have joint decision-making power over her upbringing.
Common Custody Arrangements
Living arrangements can literally be anything that is in the child’s best interest, but children tend to end up living with whoever the primary caregiver was before the separation.
If that was their mother, you might find yourself in the typical arrangement of seeing your children one weeknight and every second weekend. Even if your ex-wife is awarded sole custody, you will still get access to see your children, even if you miss a child support payment.
It’s always better to try to work out the father’s custody rights with your former spouse if possible, because if this decision is left to a judge, it might take a long time, require a lot of independent and costly assessments, and in the end, the judgment might not be satisfactory to all parties.
Steps to Working out a Custody Agreement
If you were not married at the time of your child’s birth, you will have to first Establish paternity so you can pursue your custody or access rights. At that point, you will want to:
- Negotiate a parenting plan with your ex, detailing who will have primary physical custody, who will make the child’s major decisions, how much access each parent will have to the child, and so on. The agreement, which can be made with the help of a mediator or neutral third party such as clergy, should at least be reviewed (if not drafted) by both parents’ lawyers before the document is signed and witnessed. For more information on drafting a parenting plan, see Parenting Plan Checklist (Law Society of Upper Canada)
- File this parenting agreement with the court or, if you cannot agree on a plan, petition the court for the visitation or custody that you want.
Are You Looking for Legal Help for Handling Child Custody?
During this difficult time, divorcing parties will typically turn to a family lawyer for help. The legal process is complicated and emotionally charged, and an experienced and compassionate attorney can ensure that your needs are met.
At Fine & Associates, we have helped countless fathers through the divorce process, and strive for the best outcome for children. Learn more about our child custody services, and fill out the form to request a free consultation.