How Do Fathers (or Mothers) Get Custody of their Children?

There is a myth that fathers never get custody. This myth is based on the historic fact that most children traditionally were raised by mothers and that fathers were the breadwinners. As a result, in those days, it made sense that the courts assumed it was in the best interests of the children to be primarily in the care of the mother.

Now, many families have two breadwinners and two caregivers;  mom and dad share in both responsibilities. As a result, the courts in Ontario are more inclined to determine that an equal time-sharing regime makes sense for families in which both parents are equally involved in child care.

If you are a father and want to have custody of your child, you need to prove that it is in the child’s best interests to be in your care. A strong argument for you having custody is if you can prove that historically you have been the primary caregiver and that you are willing and able to continue to provide the care your child deserves.

Custody court battles are nasty, take a lot of time to resolve and cost thousands of dollars. Often it is the children who suffer most from a court battle. We prefer to help our clients negotiate a settlement using a process called Collaborative Practice. This is a way to resolve your parenting issues and other separation-related issues with the help of professionals so as to minimize the impact on your children and keep costs down.

We help both fathers and mothers resolve parenting issues every day. If you would like a consultation with one of our lawyers, please click here. We can help.

Frequently Asked Questions

What are fathers’ rights in Ontario?

Fathers’ rights in Ontario are equal to mothers’ rights under the Divorce Act and the Children’s Law Reform Act. Both parents have an equal right to seek decision-making responsibility and parenting time. The court’s sole focus is the best interests of the child, not the parent’s gender.

Can a father get equal parenting time in Ontario?

Yes. Ontario courts often grant shared or equal parenting time when both parents have been actively involved in the child’s life. The history of caregiving, each parent’s ability to cooperate, and the child’s existing routine all play a role in the final arrangement.

How can a father demonstrate that a parenting arrangement is in the child’s best interests? 

Document your day-to-day involvement, including school drop-offs, medical appointments, bedtime routines, and extracurricular activities. Evidence of stable housing, consistent caregiving, and a willingness to support your child’s relationship with the other parent will significantly strengthen your case in court.

Do Ontario courts favour mothers over fathers in parenting decisions? 

No. While historically courts assumed children should stay with their mothers, this is no longer the approach. Today, fathers’ rights in Ontario are treated equally with mothers’ under the law, and decisions are based entirely on what is best for the child.