Under the Canadian Divorce Act and the Ontario Children’s Law Reform Act, it’s possible for stepparents to apply for custody of a child. In practice, however, it’s rare for full custody to be granted to a stepparent when the biological parent is still alive and able to care for the child. It’s uncommon for a stepparent to ask for full custody to begin with, unless there’s good reason to remove the biological parent from the role of custodian.
The Different Types of Child Custody
Full custody is awarded to one parent when child custody is disputed. Typically this happens when one parent feels the other is no longer able to care for the child in a safe manner.
With today’s mixed family arrangements, it’s possible for a stepparent to have access to a child after divorce or separation with temporary, joint or shared custody.
Temporary custody settles the living arrangements until the final order is granted.
Joint custody means legal rights and responsibilities are shared at all times between parents while shared custody relates to child support. Child support and custody are awarded based on a number of factors as a way to avoid lengthy trials.
Ontario Stepparent Adoption
This type of adoption is quite common in the province and will influence the decision towards awarding custody to the stepparent. If adoption was never completed but discussed, courts consider that as a sign of serious commitment from the stepparent’s behalf.
Courts are reluctant to remove a source of stability from the child’s life. A stepparent who has a bond with the child is encouraged to continue to do so. The longer their existing relationship, the more that will count towards the strength of the bond.
Furthermore, if the stepparent is actively involved in running the child’s life through participation in school, extracurricular activities, discipline, and so on, that contributes towards meeting the threshold of standing in place of a parent.
Familial ties and titles are also included in looking at the case. How the child refers to the stepparent and how the stepparent’s family relates to the stepchild are important indicators.
After the separation, it’s important to maintain a level of contact with your stepchild, because your absence may send a signal to the courts your commitment was contingent on the marriage.
If another biological parent is involved in the child’s life, courts may be reluctant to take time away from either biological parent, in which case, as a stepparent your legal access may be limited. It’s possible for your ex-spouse to request child support from you, their ex-spouse, and previous stepparents.
Giving Your Stepchild A Safe Home
If you suspect your stepchild will be unsafe in the hands of your ex-spouse, it’s possible to inform the courts of your spouse’s past behavior. Typically a parent’s behavior is irrelevant when awarding custody unless it directly affects the child’s well being. If you require guidance on your situation, consult a professional for more information.
Featured images:
- License: Royalty Free or iStock source: shutter stock
- License: Royalty Free or iStock source: shutter stock
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