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What Does Custody Really Mean?

Video: What Does Custody Really Mean?

By: Steven Benmor, B.Sc., LL.B., Family Lawyer

Jurisdiction: Ontario (Canada)

One of the first questions in the separation process is, “What are we going to do with the kids? Where are they going to live?” And that’s where the word “custody” comes up. So it’s not uncommon for people to say, “Okay, look, we’ll split up but I want to share custody of the children.” And the idea behind that is that the word “custody” means where the children live, who has control over the children’s lives. No parent wants to divest themselves of their role and their responsibility in their child’s life. … The children that are under the age of ten where their voice is not very loud, and even if they could voice their wishes, people don’t give as much weight to it. So usually find the high conflict custody cases involving children from the age … from the newborn age up until the age of ten where the children’s wishes are not very vocal, certainly not very clear to understand. So for example, if a four-year-old says, “I want to live with my Father.” Is that because when the … (click here for more)

Steven Benmor

(’First Take Live’ video clips courtesy of Dan Carter Productions. Original Broadcast: 2007) 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.