Divorce can be a challenging and emotional process, especially when children are involved. In Toronto, child custody (decision-making responsibility) and support are essential issues that need to be addressed during a divorce. It is essential to understand the laws and processes involved in determining child custody and support to ensure a smooth and successful outcome. In this article, we will discuss what happens to child custody and child support during a divorce in Toronto according to Family Law Act.
Child custody refers to the legal right to make decisions about a child’s upbringing, including education, religion, and healthcare. In Toronto, there are generally two types of child custody: sole custody and joint custody. Sole custody means that one parent has the legal right to make all decisions about the child’s upbringing. Joint custody means that both parents share the legal right to make decisions about the child’s upbringing.
Determining Child Custody
When determining child custody, the court will consider the best interests of the child. This involves considering factors such as the child’s age, needs, and preferences, the ability of each parent to care for the child, and the relationship between the child and each parent.
Child support refers to the financial support provided by one parent to the other to help meet the child’s needs. In Toronto, child support is determined based on the Federal Child Support Guidelines. The amount of child support is based on the paying parent’s income, the number of children, and the custody arrangement.
Calculating Child Support
The amount of child support is calculated based on the paying parent’s gross income and the number of children. The amount of child support may be adjusted based on the custody arrangement, special expenses, and other factors.
Negotiating Child Custody and Support
Before going to court, parents can negotiate child custody and support arrangements. This involves discussing issues such as custody, access, and child support and reaching an agreement that is in the best interests of the child.
If parents are unable to reach an agreement, they may attend family mediation. Mediation involves working with a neutral third party to negotiate a settlement. Mediation can be less expensive and less time-consuming than going to court.
Going to Court
If parents are unable to reach an agreement, they may need to go to Ontario Court of Justice or Superior Court of Justice. In court, a judge will make a decision on child custody and support based on the evidence presented.
Seeking Legal Advice
Child custody and support issues can be complicated, and it is essential to seek legal advice. Our experienced TCZ Lawyer Eric Tianchuan Zhao can help you understand your rights and obligations, negotiate a settlement, or represent you in court if necessary.
In conclusion, child custody and support are essential issues that need to be addressed during a divorce in Toronto. Determining child custody involves considering the best interests of the child, while calculating child support is based on the paying parent’s income and the number of children. Parents can negotiate child custody and support arrangements, attend mediation, or go to court if necessary. We can help you navigate the divorce process and ensure that your rights are protected.