Grounds for Full Custody of Child Canada

Navigating a child custody battle can be one of the most emotionally draining and legally complex experiences a parent may face. At Juzkiw Law, we understand how challenging these situations can be, and we are committed to protecting your parental rights while ensuring the best interests of your child remain the top priority.

Understanding Child Custody in Ontario

In Ontario, child custody—also referred to as decision-making responsibility—is about more than just where your child lives. It covers major decisions about your child’s education, healthcare, religion, and overall upbringing.

There are different types of custody arrangements in Ontario, including:

• Sole Custody (one parent makes all major decisions)

• Joint Custody (both parents share decision-making)

• Shared Custody (child spends at least 40% of time with each parent)

• Split Custody (siblings live primarily with different parents)

  
  

Our experienced child custody lawyers at Juzkiw Law can guide you through which arrangement may be right for your situation and explain how courts assess custody cases.

Grounds for Full Custody of a Child in Canada

When a parent asks, “How do I get full custody of my child?”, the answer depends on proving that sole custody is in the child’s best interest. Some common grounds for full custody in Canada include:

• Child’s safety at risk – cases involving abuse, neglect, or unsafe living conditions.

• Substance abuse or addiction – if a parent’s struggles interfere with proper childcare.

• Family violence or domestic abuse – history of violence can limit custody rights.

• Parental absence or abandonment – lack of involvement in the child’s life.

• Severe mental health concerns – untreated issues affecting safe caregiving.

• Parental alienation – one parent interfering with the child’s relationship with the other.

• Stability and continuity – when one parent has been the child’s primary caregiver and provides a more stable home.

  
  

Our family law child custody team builds evidence-based cases to show that full custody is in the best interests of your child.

What the Court Considers in Custody Cases

Under Canadian law, the court always prioritizes the best interests of the child. Factors include:

• The child’s emotional ties with each parent

• Stability and routine in the home environment

• Each parent’s ability to meet the child’s needs

• The child’s own wishes (depending on age and maturity)

• Any history of family violence or abuse

  
  

How to Protect Your Parental Rights

If you’re seeking full custody, here are steps to strengthen your case:

• Document everything – keep detailed records of communication and parenting involvement.

• Stay active in your child’s life – attend school meetings, medical appointments, and activities.

• Avoid negative behavior – do not disparage the other parent in front of your child or online.

• Follow court orders – comply with temporary or interim arrangements.

• Hire an experienced child custody lawyer – legal representation can be critical to success.

  
  

Mediation vs. Litigation

Not every child custody dispute goes to trial. Many parents resolve custody through mediation or negotiation. At Juzkiw Law, we work to minimize conflict and achieve fair solutions through alternative dispute resolution. But if litigation is necessary, we are fully prepared to represent you in court.

Why Choose Juzkiw Law for Your Custody Case?

• Skilled family law child custody lawyers with experience in Ontario courts

• Tailored legal strategies for your unique circumstances

• Multilingual and culturally sensitive legal services

• Affordable legal options and flexible payment plans

  
  

Your child’s well-being is our top concern. We focus on protecting both your rights and your child’s future.

Frequently Asked Questions: Child Custody in Ontario

1. Who is more likely to get custody—the mother or father?

Courts in Ontario do not favour mothers over fathers. Decisions are based solely on the child’s best interests.

2. Can my child decide who to live with?

A child’s views may be considered, particularly if they are mature, but the court makes the final decision.

3. What happens if my ex doesn’t follow the custody order?

You can file a motion to enforce the order. Our team can help protect your parenting rights.

4. Can custody arrangements be changed?

Yes. Orders may be modified if circumstances change significantly (e.g., relocation, safety concerns, job changes).

5. Do I have to go to court to settle custody?

Not always. Mediation or negotiation is often possible, but the court will step in if parents cannot agree.