Will I get custody of my children after we separate?
By: Steven Benmor, B.Sc., LL.B., Family Lawyer
Jurisdiction: Ontario (Canada)
“Will I get custody of my children after we separate?” The answer depends on the best interests of the children.
The children’s best interests are based on a long list of factors that include the emotional ties between the children and each parent, the views and preferences of the children, the ability and willingness of each parent to provide the children with guidance and education, the plans proposed by each parent for the care and upbringing of the children and the stability of the family unit.
When parents separate, each parent has a right to apply for custody of the children. A Judge will make a decision based on the best interests of the children and on the arrangements that were made for the care of the children immediately after separation.
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About the author: Steven Benmor practices Family Law in Toronto, Ontario, Canada. Visit Steven Benmor’s online Family Law Resource Center for concise answers to many more frequently asked Family law questions, feature articles on Family law topics, dozens of links to other Family law websites, and more at www.benmor.com. The information on this page is for discussion purposes only. It is by no means legal advice or even a statement of the law on this subject. Please do not rely on the accuracy or completeness of this information. Any question or concern elicited by the information on this page should be taken to a lawyer who will consider the facts of each case and the legal remedies available. |
