Child Custody

Child Custody in Hamilton Area

Child custody allows you make the right choices regarding important decisions in the lives of your children who are under the age 18, regarding such issues as education, religion and medical treatment. Both parents have equal rights to custody of their children until a court order is issued saying otherwise.

There are different types of child custody such as:

Sole Custody

Where one parent has custody of the children and is responsible for making all decisions regarding the children.

Joint Custody

Where both parents have custody of the children and therefore have to make the decisions regarding them together. This will usually only be awarded by a Court where the parties are able to co-operate on matters. It is also known as joint legal custody. However, joint custody does not mean that you have 50% of the time with the children. That would have to be decided between the parents or determined by the Court.

Shared Custody

This is when parents have joint custody of the children and each parent spend at least 40% of the time with his or her children.

Split Custody

This is where one parent has custody of some of the children, and the other parent has custody of the remaining children. This is much more rare as the courts are generally reluctant to split siblings up.


Courts may award access of a child to a parent or visitation where the other parent is awarded custody of the children. This access sets out the times for a parent to be with the child.

Supervised Access

There can also be supervised access where the court has concerns about a person’s parenting ability. This will almost certainly happen where a parent has abducted the children before.

A parent has a right to visit and be visited by the children.  The law also provides that a parent may make enquiries and be given information concerning the children health, education and welfare.


How Can We Help You?

Fighting for Your Rights Since 1981

My law firm has represented many parents in custody disputes in the court and out of court to reach settlements regarding children.  Sometimes this can be most efficiently and cost-effectively accomplished with the assistance of a parenting specialist (such as a social worker) who can work with parents, especially if they reach an impasse on any issues regarding the rearing of their children and time-sharing of those children.  We will work with such a parenting specialist to help you reach an agreement with your spouse on parenting your children.

In most cases my law firm has worked with my client and the other parent or their lawyer to reach an agreement on custody and parenting times without having to start a court action, or if a court action is begun, then without proceeding to trial.


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Estate Litigation: There are many pertinent pieces of legislation that need to be taken into consideration when conflict arises over an estate. Many steps can also be taken to implement creative resolutions including minimizing the taxes payable upon death, including capital gains, income and probate fees. The expertise of a knowledgeable and experienced lawyer is vital to resolving conflicts over estates.