Children, Custody and Access

For many of my clients, some of the most pressing concerns have to do with their children. My clients worry about their children’s security and future, and grapple with uncertainty as to their own rights as parents and how the law applies to their situation.

The choices you make about your children will be some of the most important you will have to make during your separation.

Negotiations about where your children will live, who will control major decisions about their upbringing, and who will have contact with them can become emotional. It is my role to help you understand your rights and options and safeguard your interests and those of your children.

The Best Interests of the Children

At my firm, your children’s needs come first. I will help you negotiate for resolutions that will protect their security and their future on many matters, including:

Residency

You may choose for the children to live mostly with one parent or the other, or share their living arrangements equally. Decisions about residency may be influenced by your choices during property division, especially if one parent keeps the matrimonial home.

Support

Although the federal Child Support Guidelines are detailed, adjustments may be made if the children live with both parents or have special expenses such as medical needs. Post-secondary education for adult children may also need to be discussed.

Custody and decision-making

You will have to choose who will make decisions regarding your children’s education, religious upbringing and health. You may share the responsibility, or, in some cases, split it into different areas. If there are concerns about lack of experience, competence or interest in one parent, this will come up during negotiations for your custody agreement.

Access

Deciding who is allowed to have contact with the children may be an emotionally charged topic, especially if there are issues of estrangement and alienation.

It is important to know your rights as a parent, and know your children’s rights as well. The older your children are, the more their wishes must be respected.

Your family is unique. Your parenting plan may be just as unique.