Understanding Child Custody in Ontario

When parents separate or divorce, one of the most important issues that must be resolved is the care and custody of their children. At Aggarwal Law, we understand that these decisions are deeply personal and can feel overwhelming. Our goal is to help families find solutions that protect the best interests of the children while ensuring parents feel supported and informed throughout the process.

What Does “Custody” Mean?

In Ontario, custody does not only mean where a child lives. Custody refers to the right to make major decisions about a child’s upbringing, including:

• Education

• Health care

• Religion and cultural upbringing

• General welfare

The parent with custody is responsible for these important decisions, but this does not mean the other parent has no role. In many cases, courts encourage both parents to remain actively involved in their child’s life.

Types of Custody

There are several forms of custody arrangements in Ontario:

• Sole Custody: One parent has the authority to make major decisions for the child.

• Joint Custody: Both parents share decision-making responsibilities.

• Shared Custody: The child spends at least 40% of the time with each parent.

• Split Custody: In rare cases, siblings may live with different parents.

The court’s primary consideration is always the best interests of the child.

Parenting Time (Access)

Custody is separate from parenting time (previously called “access”). Parenting time refers to the schedule of when a child spends time with each parent. Even if one parent has sole custody, the other parent usually has the right to regular parenting time unless there are serious safety concerns.

How Courts Decide Custody

When making custody and parenting decisions, Ontario courts consider:

• The child’s emotional, physical, and psychological needs

• The stability of each parent’s home environment

• Each parent’s ability to care for the child

• The child’s relationship with each parent

• In some cases, the child’s wishes (depending on age and maturity)

How Aggarwal Law Can Help

At Aggarwal Law, we work with families to:

• Negotiate parenting agreements outside of court whenever possible

• Advocate for your rights in custody hearings if necessary

• Ensure your child’s best interests remain the priority

• Guide you through every step with compassion and clarity

We know these are not just legal issues—they are family matters. Our approach balances strong legal advocacy with sensitivity to the unique circumstances of your family.