When parents undergo a separation or divorce, child custody becomes a significant concern. Many parents question whether they can secure full custody of their children, apprehensive about the potential implications of a shared custody arrangement. While obtaining full custody is possible in certain situations, it is essential to grasp the legal principles and factors that influence custody decisions. As a 30-years old family law firm in Brampton, we’ve helped many clients receive full custody of their children. We’ve highlighted some of the common reasons that would encourage the court to rule in your favor.
Here’s how you’ll be able to get full custody of your children:
1. Best Interests of the Child
Family courts in Ontario and Canada prioritize the child’s welfare, safety, and stability above all else. Elements such as the child’s emotional well-being, living environment, parental involvement, and the ability of each parent to meet the child’s needs are thoroughly evaluated. To secure full custody, the requesting parent must demonstrate that sole custody, with limited or no contact with the other parent, is in the child’s best interests.
2. Parental Fitness and History
Courts closely scrutinize the fitness of each parent when determining custody arrangements. Factors such as mental and physical health, history of abuse or neglect, substance abuse issues, and criminal records are taken into account. If a parent has a history of domestic violence or substance abuse, it can significantly impact their chances of obtaining full custody. However, each case is unique, and the court carefully evaluates the circumstances and any steps taken towards rehabilitation.
3. Stability and Continuity
Courts generally prefer maintaining consistency in a child’s routine, school, community, and relationships. If one parent can demonstrate a stable and nurturing environment that promotes the child’s overall well-being, it may strengthen their case for full custody. Factors such as housing stability, employment stability, and the ability to provide a consistent and structured routine are taken into consideration.
4. Co-Parenting and Communication
Before you apply for full custody, you must know that courts in Canada encourage shared custody because a child needs both their parents when growing up. The willingness and ability of parents to cooperate and make joint decisions in the child’s best interests are assessed. If one parent can showcase a history of cooperation and effective co-parenting, it may enhance their chances of obtaining full custody. However, the court may also consider situations where one parent has consistently undermined the child’s relationship with the other parent or failed to prioritize the child’s well-being.
Obtaining full custody of children is a multifaceted matter, with courts considering various factors when making custody decisions. While determining custody, ensure that you are putting your child’s interests first and aren’t influenced by any personal agenda. While it is possible to obtain full custody in certain circumstances, consulting with an experienced family law attorney is crucial for guidance through the legal process. Our family lawyers at Sterling Law are here to offer you the best legal advice. Please get in touch today for a free consultation (up to 30 minutes only).