Decision-Making Responsibility (Child Custody)

Navigating child custody often boils down to two big questions: who makes the important decisions for your child (decision-making responsibility), and how much time your child spends with each parent (parenting time).

Decision-Making Responsibility involves making important decisions about a child's life, such as education, healthcare, and religion. It can be held by one parent (sole decision-making) or shared (joint decision-making).

Parenting Time refers to the schedule and duration each parent spends with the child, including daily care and visitation. Well-structured parenting time arrangements can help both parents stay actively involved in the child's life.

How MGD Can Help

MGD is one of the most sought-after litigation and family law firms in Southern Ontario. Since 2007, we have made it our mission to provide excellent client support through our extensive legal knowledge and experience.

More importantly, we deeply understand the sensitive and often painful nature of this process. Because of this, we navigate it alongside our clients with care, compassion, and confidence.

Expertise in Family Law

We have devoted our careers to supporting our clients through the uncertain and often treacherous terrain of domestic disputes. With locations in both Kitchener and Brantford, Our firm offers a personalized approach to each case, ensuring the client feels heard and supported, clearly understands the process, and can make the most informed decision for their life.

Get to know us and learn how we can assist you with your family law needs.

CONTACT YOUR FAMILY LAWYER AT MGD

Understanding Decision-Making Responsibility

Legal Definitions

Decision-Making Responsibility: This term refers to the authority to make significant decisions about a child's life, including their education, healthcare, religious upbringing, and extracurricular activities. It is about who has the right to make these important choices, not where the child lives or how much time they spend with each parent.
Parenting Time: In contrast, parenting time refers to the schedule and amount of time a child spends with each parent. It focuses on the practical aspects of the child’s daily life, such as where they live and who they are with at different times.

Types of Decision-Making Responsibility

Sole Decision-Making: In this arrangement, one parent has the exclusive right to make major decisions about the child's life. This parent does not need to consult the other parent before making these decisions, although they may choose to do so. Sole decision-making is typically granted when one parent is deemed better suited to make these decisions due to factors like the other parent's absence, incapacity, or a history of poor decision-making.
Joint Decision-Making: Here, both parents share the responsibility and must collaborate on major decisions affecting the child's life. This arrangement requires effective communication and cooperation between the parents to ensure that decisions are made in the child's best interests. Joint decision-making is often preferred when both parents are actively involved in the child's life and can work together amicably.

Understanding these concepts puts you in a better position to make informed choices about custody arrangements while keeping your child's best interests at heart.

Legal Process for Determining Decision-Making Responsibility

The legal process for determining decision-making responsibility starts with a formal request to the court. However, you and your co-parent are usually encouraged to explore mediation or negotiation first. These options can help you find a solution together, without the added stress and expense of court.

If court is the only way forward, both parents will have an opportunity to present their case before a judge makes a final decision based on your child’s best interests.

Family court services are a valuable resource. They can provide an assessment to give you and the court a clearer picture of your situation, helping to guide everyone towards the best outcome.

If your family's circumstances change significantly, you can ask the court to modify the existing decision-making agreement. The court can also enforce the orders that are in place, ensuring a consistent and stable environment for your child to thrive.

Little girl looking up at her mother, holding hands

Role of Legal Representation

Why Hire a Child Custody Lawyer

Facing child custody issues is never easy, but you don't have to go through it alone. A family law attorney can provide valuable clarity and support. They can help you understand complex legal processes, making sure you know your rights and how to protect them. A lawyer can also be your advocate, offering advice, negotiating for you, and guiding you through court procedures. This is especially helpful if the case is high-conflict or if sensitive issues are involved.

Choosing the Right Lawyer

Choosing the right family law attorney can make all the difference. Look for a lawyer with experience and expertise in child custody matters.

At MGD, we stand out for our empathetic approach and deep understanding of family dynamics. It boils down to this simple truth: we are regular people invested in helping regular people. We are not buttoned-up lawyers behind a mahogany desk; we are spouses and parents ourselves. Our empathetic approach has been trusted by our clients for decades, complementing our extensive legal knowledge and experience.

We encourage you to use our consultations as an opportunity to get to know us better. Ask us about our strategy for your specific situation, our experience with similar cases, and how we keep our clients informed and involved. Your questions help us understand your needs and ensure we can best represent you and your child throughout the legal process.

SCHEDULE A CHILD CUSTODY CONSULTATION WITH MGD

FAQs

How is decision-making responsibility determined?

Courts decide based on the best interests of the child, considering factors like each parent's involvement, ability to cooperate, and the child's needs.

Can decision-making responsibility be shared if parents don't get along?

Yes, courts encourage shared decision-making unless there are circumstances that suggest it would not be in the child's best interests.

What happens if parents cannot agree on major decisions?

Mediation or court intervention may be required to resolve disputes. In some cases, specific guidelines or a tie-breaking mechanism may be included in the custody order.

Can decision-making responsibility agreements be modified?

Yes, changes can be made if circumstances affecting the child's welfare significantly change, such as a parent relocating or changes in a parent's ability to make decisions.

What role do children play in decision-making responsibility?

Depending on their age and maturity, children's preferences may be considered by the court, but the final decision is based on the child's best interests, not solely on their preferences.

What if one parent is unfit to make decisions?

Courts may limit or deny decision-making responsibility if a parent is deemed unfit due to factors like substance abuse, neglect, or domestic violence.

How can legal assistance help with decision-making responsibility?

A child custody lawyer can provide guidance, advocate for your rights, and navigate legal processes to help secure a favourable decision-making arrangement that supports your child's well-being.

Finding Your Way Through Child Custody

Gaining clarity on decision-making responsibility and parenting time can make a world of difference for your family. These concepts are the building blocks of a healthy co-parenting relationship, creating a stable, loving environment where your child can thrive.

We understand the emotional complexities of family matters and offer compassionate guidance alongside our extensive legal expertise. We ensure each client feels supported, informed, and empowered to make the best decisions for their family's future.

Contact Your Family Lawyer at MGD for personalized assistance with your child custody and family law needs.

GET IN TOUCH

Kitchener Office - MGDLawyers

30 Queen Street North
Kitchener, ON N2H 2G8

T. (519)742-4297
F. 519-744-5526
E. reception@mgdlawyers.ca

Decision-Making Responsibility Resources

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