In the past, being a man automatically made you the underdog during a divorce case; courts were more likely to award custody to mothers without considering any extenuating circumstances because it was widely believed that kids were simply “better off” that way—but that’s changing. In fact, your Toronto divorce lawyer can probably cite dozens of cases where dads are able to enjoy the same rights as mothers traditionally have.
What Your Toronto Divorce Lawyer Might Advise
Like with most aspects of divorce, your Toronto divorce lawyer will probably advise you to work with your ex to come up with a custody agreement that works for your whole family. If necessary, your lawyer might suggest that you use a mediator to make sure you’re acting in the kids’ best interests.
What the Courts Look for When Determining Custody
You’ve probably heard the term “best interests of the child” more than you can count—and for good reason. That’s exactly what the courts look at when determining where children should live after divorce. Several factors are counted, including:
- The love, affection and emotional ties between the kids and those who want custody of them
- The child’s wishes
- The potential for guidance, education and necessities of life
- Each parent’s ability to act as a parent
Many dads fear they’ll lose custody just because they’re men—but as your Toronto divorce lawyer can tell you, gender isn’t a determining factor.
When to Involve Your Toronto Divorce Lawyer
Generally, it’s best to create a perfectly tailored custody agreement with your ex. In some cases, that’s unrealistic—and if yours is one of those cases, it’s best to let your lawyer know right away. He or she can help protect your rights under the law and help ensure your kids are in the best possible environment for healthy growth.
