Fathers' Rights During Divorce in Ontario

In Ontario, the laws pertaining to child custody and fathers’ rights during divorce are among the most misunderstood aspects of divorce. Fathers, and especially the children, are left to deal with complex issues and long-term consequences.

During a divorce, one of your main concerns will be making sure you are able to spend time with your kids, maintain close bonds with them, and be as involved as possible in their lives as possible. It is important for you to be able to have regular parenting time with your children, even if you will not have primary custody of them. 


What Are Fathers’ Rights During Divorce in Ontario?

According to the Children’s Law Reform Act, both parents have equal rights to primary custody of their children by default. 

A court cannot favor giving custody to the mother over the father. As a result, the court should assign primary physical custody in a manner that advances the best interests of the child, as fathers can nurture and support young children just as much as mothers can. Furthermore, fathers can also claim spousal support in divorce, with the Divorce Act recognizing that support for a spouse can be awarded to compensate for disadvantages that occurred due to the breakdown of a marriage, to help support children, or to promote the financial self-sufficiency of both spouses.


How to Get Custody of Your Child

During a hearing about child custody, do not point fingers and make accusations. Avoid arguments to the best of your ability. Try to be pleasant. There is a good chance you will co-parent and be co-dependent with them for a while. The more you argue, the more power they have.

Lastly, become a good example of a parent who makes an effort to be a good role model. Ensure that you can meet and exceed all expectations of you as a parent and that you possess a set of skills as a father. Your dedication as a father is highlighted while you prioritize the best interests of the child.


Tips on Fathers’ Rights When Divorcing in Ontario

  1. Build a Strong Relationship with Your Child. Communicate with them positively and avoid disparaging the mother in their presence or discussing the litigation.
  2. Maintain Your Own Records. This includes records to demonstrate you are paying child support, call logs, visits with your child. Document for yourself any interaction that pertains to your children.
  3. Attend Important Meetings & Events. You need to show commitment to supporting your child’s life, including their important social, educational, religious, and other events. These could be school plays, sports games, baptisms, birthday parties, and parent-teacher meetings.
  4. Prepare Their Own Space in Your Home to demonstrate you have accommodations for your child. Even if you live in a small apartment, you should try to set aside a special place for your child in your home.
  5. Have a Plan for Your Child’s Needs. The Court will want to know about your plans for your child’s continuing care and support. Do you have plans in place for their education, afterschool activities, child care, and more?


What Can A Lawyer Do For Fathers’ Rights?

Divorces can be expensive and lengthy if you have to attend and spend time in divorce court. There is always an option, so this does not always have to be the case. When dealing with issues surrounding divorce and father’s rights in Ontario, mediation can often be a less stressful, less expensive, and more effective option.

If you are dealing with complicated and stressful custody and divorce matters, you can benefit from working with a child custody lawyer. You can avoid expensive and emotionally draining court battles by participating in mediation. You won’t have to worry about a judge making decisions about your children’s future either. You and your children will both benefit from working with a child custody lawyer if your case goes to court, as the lawyer will protect your rights.

Lastly, you should consider speaking with a family lawyer to learn more about your legal rights and options and to obtain skilled legal representation that will fight for your right to be involved with your child or children.


Contact Hussain Law Now!

We can help you address your fathers’ rights during divorce in Ontario by offering you a confidential consultation about your options and how to proceed to secure your rights as a father.

At Hussain Law, we focus on helping our clients navigate the emotional and financial challenges of separation and divorce. Our office remains fully operational, and we have implemented various new procedures that allow us to continue to advise clients seamlessly during this time. If you have a family law issue that you need assistance with, please contact Ayesha Hussain (Family Lawyer Toronto) at 647-428-3919.


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