How child custody is determined in Canada?


When a marriage gets to the point of divorce, the couples cannot determine what happens to the custody of the child in the marriage. Divorce usually results from the breakdown of communication between spouses. Unfortunately, they want the other parent to accept their assumptions about the custody of the child. At this stage, they can only rely on the law to settle the issue of child custody.

How is child custody determined?

Contrary to the expectations of many couples, historical care for not automatically guarantee child custody after divorce. When there is a disagreement about who gets the child custody in Canada, both spouses would need to contact a law firm and hire a family lawyer to represent each of them in court to seek child custody.

In Canada, it is the court that decides child custody. Both parents have equal rights of custody to any of the children in the marriage until the court decides otherwise. As a result, the parent that desires to have child custody must get the court to room their favour.

Meanwhile, you need to convince the court to grant you custody of your child. However, the court will decide who gets the child custody based on the family law and the child’s best interests. The court would weigh the benefit to the child from having a meaningful relationship with each of both parents.

What does the court consider when deciding who gets custody of the child?

When deciding who gets the child’s custody, the court prioritizes the child’s interest. As a result, the court would consider the following:

  1. The ability of each parent to cater to the child’s needs emotionally and financially
  2. How each parent relates to the child
  3. The child’s decision or preference if he or she is old enough to tell the court
  4. If there are more than one child, the court usually ensures to keep them together
  5. The court tries to minimize the disruption to the child’s life due to the divorce
  6. Who takes care of the child during the marriage
  7. Available time each of the parents can spend with the child or children after working hours and official trips
  8. The child’s special needs

After considering the above, the court will decide who is best to have custody of the child. However, the most common custody arrangement in Canada is shared custody or joint legal custody.


If you want the custody of your child and wish to convince the court, you should hire a family lawyer from a reputable law firm to present your case. You will be enlightened about how is child custody determined? And when your case is strongly presented at the court, you may have the chance of gaining the child’s custody.

Comments are closed.