Child Custody, Access and Support
At Sutton Law, we have the necessary skills and knowledge to protect your parenting rights. We are helping family law clients in Toronto, Vaughan, Richmond hill, Mississauga, Ottawa, Georgina and the surrounding areas. We have the necessary skills and knowledge to protect your parenting rights.
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What is Child Custody and Access in Ontario
Each parent has an equal right and obligation to participate in the upbringing of their kid. In a two-parent, intact family, the decision-making is shared by the parents. When parents choose to divorce or separate, they must decide how to split or share their individual parental obligations and rights.
Custody, thus, is defined as a term used for the right to make decisions regarding the child. This individual would have the final say in regards to their religion, school, medical information and etc.
Upon separation or divorce, if one parent is awarded sole custody, the other parent usually gets the right of access, also known as visitation rights. Depending on what is in the child's best interests, access visits can either be unsupervised or monitored. The access parent receives the kid at this location, and nobody else is required to be present during their time together. A common access schedule has the kid spending one or two evenings or nights each week, as well as alternating weekends, away from the parent who is responsible for their primary care and management.
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What is Sole custody?
Sole custody is when only one parent is awarded the decision making right for the child. They have the legal right and the responsibility to make decisions they think are best for the child. The child usually lives with said parent.
Sole custody is usually awarded to families that have a difficult or strained relationship with the other parent, such as violence, abuse, proven use of dangerous substance and or clearly established signs of poor judgement making.
Sole custody limits the child's access to one of their parents, which is most of the time what is best for said child, taking into account safety concerns during the separation or divorce.
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What is Joint Custody?
In Ontario, joint custody is when parents share the rights and responsibilities of custody, despite living apart. Joint custody gives both parents equal say over major decisions concerning their children. In order for joint custody to work efficiently, the parents must cooperate and maintain a harmonious relationship between them.
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What is Shared Custody?
As opposed to other custodial arrangements, share custody refers to how much time is spent with each parent to determine each parent's child support responsibility. Children must spend at least 40% of their time with each parent under the Child Support Guidelines. Parts of vacations, weekends, and overnights can count toward the 40% time.
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When should I consult a family lawyer?You should consider consulting a family lawyer if you are contemplating divorce, need to negotiate spousal or child support, are involved in a custody or visitation dispute, are considering adoption, or need legal representation in any family law matter.
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What does a family lawyer do?A family lawyer in Canada specializes in issues involving family relationships, such as divorce, child custody, and adoption, among others. They provide legal advice, represent clients in court, and draft important legal documents related to family law matters.
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What is the difference between a contested and uncontested divorce?An uncontested divorce is where both parties agree on all terms of the divorce, including asset division, child custody, and support. A contested divorce occurs when there are disagreements on one or more of these issues, requiring negotiation or court intervention to resolve.
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What is an FRO in Ontario?In Ontario, a "FRO" is a common term you will see in any family law book or any Ontario family law office, and it stands for Family Responsibility Office. It is an agency responsible for enforcing support payments. As a result, when spousal support or child support orders are filed with the FRO, the FRO becomes responsible for collecting and disbursing the support. The FRO does not deal with issues related to custody, access, or equalization payments. The FRO's role is to collect, distribute, and enforce support orders for children and spouses. If you have an issue regarding spousal or child support, require filling out forms or have a matter regarding the Family Responsibility Office, call us now at 647-492-4929, or book a free 30-minute appointment to discuss how our family lawyers at the Sutton Law office near you can help you with your case.
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What is an FLA in Ontario?An FLA is another common term among family lawyers in Ontario. The legislation passed by the Ontario Legislature in 1990 is known as the Family Law Act. As it stands, it governs the rights of spouses and children in regards to property, support, inheritance, prenuptial agreements, separation agreements, and other family law matters. If you have any problems regarding settling in the division of property, custody of children, need to draft a separation agreement or any other family law matter, call us now at 647-492-4929 or book a free 30-minute appointment to discuss how our family lawyers at the Sutton Law office near you can help you with your case.
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What are the Family Law Rules in Ontario?Family Law Rules is a codex of rules that the family law lawyers and any kind of family law offices across Ontario follow. It states which form you have to fill out and where to send them, as well as the procedures in the Ontario Family Court. If you have any questions regarding which forms you require to fill out or need advice on your matter, please call us now or book a free 30-minute consultation with our office in order to determine how the family lawyers at the Sutton Law office near you can best help you with your matter.