I’m attorney charles kronzek, if your family law case your divorce case involves the custody of a minor child here’s what you need to know an initial custody determination begins with an analysis of the status quo what’s been going on is there’s a primary care giver for the child the primary parent or the duties pretty equally shared because the court needs to make a determination as to whether or not a proposed new custody order will change the status quo or the established custodial environment that sets the bar for the more important analysis.
That every judge has to do before custody is decided that’s called an analysis of the best interest of the child factors so where more factors may favor your spouse or you the court may feel that some are less important than the others it’s not okay and it’s not safe just to say who has more factors or less factors in their favor or against them but in any event it’s required that those findings be done on the record the initial determination for a temporary custody order is made at a conciliation conference which is held at the.
Friend of the court most of the time attorneys are not present for those conferences but from time to time I make a determination that we are needed to be there so either I or one of our family law attorney team members may be present once the initial custody recommendation is made by the friend of the court investigator it will be signed by the judge and you’ll have a temporary custody order either parent can object to that custody order and the attorneys do the objections in a specific format once the objections are filed you move on to the.
How Do Fathers Get Custody of Their Child
Hello, my name is brian galbraith and i’m the owner of galbraith family law. we’re a law firm of family law lawyers located in Barrie, Orillia and Newmarket. How does a father get custody of his children? Now, there’s a myth out there that fathers never get custody of their children. This is based on the historic fact that, traditionally, mothers were primarily responsible for the care of children and fathers were the bread winners. So it made sense, in those days, that the court would order custody to the mother since.
She was the one primarily looking after the children anyway. it was in the children’s best interested to be with their mother. Nowadays, both mothers and fathers usually participate in the care giving and in earning the income for the family. As a result the Ontario courts are more inclined to order an equal time sharing regime for the children. If a father wants custody of his children, he needs to prove that it’s in the best interest of the children that he has custody. A strong argument would be that he was traditionally.
The one responsible or primarily responsible for the care, and that he can continue to provide the care that the children want and deserve. Custody battles are often very nasty. They can take many months and even years to resolve and cost thousands of dollars in legal fees. The children often suffer when there’s a custody battle between their parents. As a result we prefer to help our clients negotiate a settlement. One of the best processes to do that is called collaborative practice. That’s a process where.
The parties agree not to go to court and they work with professionals to find a resolution to their petty issues and any other issues that they have to resolve related to the separation. It’s a very cost effective process and keeps the power of decision making in the hands of the parents. Most importantly, it helps prevent the children from being in the middle of a battle between mum and dad. If this tutorial’s been helpful, give it a thumps up. And if you’d like to learn more information.