In Ontario, Canada, there are certain laws that pertain to child custody. With sole custody, one parent is granted the right to make the majority of the important decisions about the child—i.e. An Ontario (ON) Child Custody Agreement is a legal document family law uses to ensure single, separated, and divorced parents have a comprehensive ON Co-Parenting Agreement and Parenting Schedule. Temporary guardianship of a minor is a short-term custody arrangement that grants custody of a child for a specified period of time to another adult, typically between two to six months. In most cases, the court appoints the surviving parent to be the guardian of the child… Custody is not about who your child lives with or how much time your child spends with each of you. Legal Aspects of Child Custody and Access. When parents are unable to take care of a child, a relative or friend may step in and become the legal guardian of that child. In most cases, the children will reside with the parent who has sole custody. Similarly, the Ontario Court of Appeal has ruled that sexual orientation of a parent is not a factor which can prevent a parent from getting custody of a child. Guardianship refers to all the rights, duties and powers a person may have over a child. The laws around child custody in Ontario surrounding a father’s visitation rights to be with his children are one of the most misunderstood areas of divorce. Naming a short-term guardian is usually a fairly simple process, while appointing a permanent one may require a lengthy journey through your state’s court system. For example, even if you have custody and are the only one who can make decisions about your child, your child might live equal amounts of time with you and your partner. The person seeking guardianship over a child or allegedly incompetent adult files a petition in court. Caregivers can assume legal guardianship of a child in out-of-home care without termination of parental rights, as is required for an adoption. Ontario Child Custody Lawyers Protecting Your Child Custody and Access Rights. Upon reaching the age of 18, everyone is considered an adult, and allowed by law to make their own decisions. It's important never to pressure or try to convince your child to live with you. Establishing temporary guardianship allows a child to live with another person other than the parents and, in the event of an emergency, that responsible adult can make important medical decisions on behalf of that child. This is what keeps us up at night. They’re complex and fraught with emotional baggage and long-term consequences for the father and most importantly – to the children. Guardianship of Minors: Termination. Guardianship is the legal authority to make health and welfare decisions on behalf of a child, disabled adult or elderly person. The child’s custodial parent or guardian is not automatically the Guardian of Property. Discuss Your Concerns About How to Establish Guardianship of a Child with an Attorney. d. Quebec-In Quebec the Civil Code provides that, "The Québec authorities have jurisdiction to decide as to the custody of a child provided he is … Any guardianship may be terminated when the minor reaches the age of majority. Online templates, containing worksheet examples and sample forms, provide parents the legal guidance needed to create a sole, shared, or joint ON child custody arrangement plan, visitation … Obtaining guardianship of a child is a complex process, and the safety and wellbeing of the child must be considered above all. In Ontario under the Children’s Law Reform Act (“CLRA”) you can appoint one or more persons to have custody of your minor child or children (under the age of 18) or guardian over the child… Guardianship of Developmentally Disabled Adults . A child may need a guardian of the estate if he or she inherits money or assets. A legal guardian is a person who has the legal authority (and the corresponding duty) to care for the personal and property interests of another person, called a ward. Determining Child Custody & Access in Ontario. However, you still have an underlying responsibility.