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One area of Family Law that many clients are often confused about is what actually having “custody” of a child means.

At its core, custody refers only to decision-making power for the children of the relationship. This means that if somebody has custody of a child, they are legally entitled to make decisions regarding the child’s education, health, religion, etc. without the input or consent of the other parent.

In situations where parents have joint custody, both caregivers are entitled to participate in these decisions. They need to consent and confer and make decisions together. This requires that parties be able to communicate well. In sole custody scenarios, the parent with custody has the right to make these decisions by themselves without the consent of the other parent.

Having custody of a child does not necessarily mean that he or she lives with you full-time. There are situations wherein a parent has joint custody of a child, but the child does not reside with this parent. Where a child lives is considered under “residency” terms.

There are many possibilities when it comes to determining custody of a child, and the issue can become quite complicated. It is important to be well-informed. The test balances the best interests of the child but there are a number of complicated factors affecting how one assesses the best interest of the children.

There is also a “maximum contact” principle that is relevant in determining time a parent with whom the child does not live gets parenting time, also known as “access”.

If you have questions about any other matters, please contact our office for a consultation.

LL.B., is highly regarded, having in excess of 25 years of experience practising in the areas of matrimonial and divorce law including addressing issues of child and spousal support, custody, access and child mobility issues. Cheryl is well versed in equalization of net family property claims including valuation of assets/property division for couples that were married or in a common-law relationship, separation, cohabitation agreements and prenuptial agreements, marriage contracts and has extensive litigation experience with proven results. Ms. Hodgkin awaits assisting you in all matters relating to family and divorce law. Let her 25 years of Court Experience help you with your Family Law needs!

Ms. Hodgkin is a graduate of the University of Windsor Law School and for the majority of her twenty five plus years of practicing law, Ms. Hodgkin has focused in the area of Divorce and Family Law.

Ms. Hodgkin has also taught as a sessional instructor at the University of Windsor Faculty of Law, teaching the course “Evidence Law” for three years, concurrent to full time practice. Ms. Hodgkin has also worked as a part time assistant Crown Attorney.

Instead of traditional articles, Ms. Hodgkin boasts of the opportunity of being the first graduate from the University of Windsor Law School to earn the prestigious privilege to clerk at the Supreme Court of Canada in Ottawa. Ms. Hodgkin assisted The Honourable Mr. Justice Sopinka in preparing for Appeals and Leave to Appeal Applications, conducted research and writing in relation to Judgments at the Supreme Court of Canada and participated and assisted in legal seminars and activities in the legal profession on behalf of the Supreme Court of Canada.