What Legal Rights Do Fathers Have?

A general question from Fathers is, “what rights do I have 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 determining 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 judge if the parents cannot see eye to eye in coming to a child custody agreement.

 

If parents can agree on parenting time for their children, 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 which 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.

What about fathers who aren’t married to their children’s mothers?

 

A father is a father, and it does not matter if he was ever legally married to the mother. The father can apply for sole or joint custody of his child or children. He has the same responsibilities to his children as if he were married to his mother. This includes the 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.

What are the laws for adoptive fathers?

 

Adoptive fathers have the same obligation to support their children as biological fathers. Child custody cases involving non-biological parents are handled similarly to those involving biological parents.

Finding A Toronto Family Lawyer For Fathers

 

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 Family Lawyer who fights for Fathers rights. A Toronto 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 Toronto 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.