Ontario law treats the children of married parents and unmarried parents equally. The children of unmarried parents have the right to substantial contact with both their parents, including parenting time, unless contact would not serve the child’s best interests.
Speak with one of our experienced family lawyers to learn more about Toronto parenting time for unmarried parents. We could ensure you understand your rights and obligations as a single parent.
A significant difference between asserting parenting time rights for married and unmarried fathers is that the unmarried father must first establish their paternity. When parents are married, the law presumes that the husband is the father of any children born during the marriage.
An unmarried father need not establish their paternity if they were living with the mother when the child was born, or if a child was born within 300 days after a live-in relationship with the mother ended. When an unmarried father signs a baby’s birth registration form, they acknowledge their intent to be the child’s father and gain the right to seek parenting time. Parents can also confirm a child’s paternity when they both sign an Acknowledgment of Paternity form.
When a father has not established paternity by other means, they can approach the court for a Declaration of Parentage. A Toronto lawyer could assist a single parent in securing or defending against a Declaration of Parentage, thereby protecting their parenting time rights.
Once an unmarried father has established paternity, both parents have equal rights to parenting time and decision-making responsibility. Ideally, the parents can negotiate an agreement that will govern their respective relationships with the children.
Practical considerations often lead parents to arrange for the children to reside with one parent most of the time. The other parent will have as much access to the children as is feasible and consistent with the children’s best interests. Some parents have lifestyles and schedules that allow them to share time with the children somewhat equally.
When parents have created a mutually acceptable parenting agreement, they can register it with the court. Although legally, this is not necessary, registering the agreement enhances its enforceability. A lawyer in Toronto could review the parenting time terms to ensure they adequately protect the rights of the unmarried parents and their children, and if so, register the agreement.
When parents cannot reach an agreement, they must petition the court to issue a parenting order. Under the Ontario Children’s Law Reform Act S.24, the court must make decisions regarding parenting time based on the best interests of the child.
The court will consider each parent’s relationship with each child, the history of the child’s care and plans for future care, and each parent’s willingness to support the child’s relationship with the other parent. The court will consider and give weight to the child’s wishes commensurate with the child’s maturity and reasoning.
A single parent seeking a parenting order should secure legal representation from a skilled Toronto lawyer. An experienced legal professional could help you compile evidence demonstrating that your parenting time goals support your children’s best interests.
Your marital status does not affect your rights to parent your child. As long as paternity is established, Toronto parenting time for unmarried parents depends wholly on the children’s best interests, just as it does for married parents.
Your parenting agreement will impact your relationship with your children permanently. Working with a lawyer at The Riley Divorce & Family Law Firm could help you avoid mistakes and achieve your goals. We are available 24 hours a day to answer questions. Reach out now to get started.
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