A much-asked question from Fathers is, “what are my rights as a Father when it comes to Child Access or Custody?
Fathers, like mothers, do not have any actual “rights to a child” as per Ontario Family Law. It is only an assumption that children are better off living with their mothers.
When it comes to making a decision about what rights a parent may have, it will come down to what is in the child’s best interest, and these decisions, for the most part, are made by a family trial judge if the parents cannot agree among themselves.
If parents can agree on what is in the best interests of the child(ren) it indicates that both parents have equal authority over their child’s upbringing. This means that each parent may have equal access to their child and that the child spends equal time with both parents, or the parents create a visitation schedule that is submitted to the court.
Child Access refers to the ability of a parent to spend time with his or her child. If the court believes either parent is a danger to the child, the judge may award supervised, limited, or no access. This applies to both the father and mother.
If the father of a child had never been married to the mother of the child this has no consequences against the man’s rights as a father. The father can apply for sole or joint custody of his child or children. He has the exact same responsibilities to his children as if he were married to his mother. This also includes the full responsibility of financially supporting his child, whether or not he has custody or access. Mothers who do not have custody of or access to their children are under the same support obligation as per Ontario Law.
Fathers may think all hope is lost regarding having full child access or scheduled visitation rights where they can see their children often. This is untrue and a misconception. The first step a father should take is to seek a Barrie Family Lawyer who will vigorously fight for the Father’s rights. A Barrie Family Lawyer that does this will have the experience and know in how to best represent you as a father in court to plead your case to the judge.
At Korhani Family Law Firm located in Barrie Ontario we understand the doubt you may have as a father. We also understand the love you have for your children. Our family lawyers are here to listen to your side of the story and will put together a legal plan that best represents you as a father.
