Parenting Issues

When the parents of a child or children do not live together, someone needs to determine where the children will live (“residence”), how much time they will spend with each parent (“access”), and how decisions about their upbringing will be made (“custody”).

When separation issues are dealt with through the courts, these decisions are made by a judge according to his or her analysis of what would be in the child’s best interests. When parents are able to work together to negotiate a solution, they can create a Parenting Plan based on their own consideration of the child’s best interests. The Parenting Plan may be incorporated into their Separation Agreement, and act as a blueprint or guide for how the parents will work together to raise their child or children now that they are living apart.

There are many misconceptions out there about the laws that apply to separated parents. For example, many people think that “custody” refers to which parent a child lives with. In fact, “custody” refers to the right to make major decisions about how to raise the child. It is not directly related to where the child lives or how much time the child spends with each parent. It is possible to have “joint custody” even if a child lives most of the time with one parent. On the other hand, a child can live 50% of the time with each parent under a “sole custody” arrangement – in that case, one parent would be responsible for all of the major decisions even though the child’s residence is shared.

Explore your process options


Here you will find links to articles to help explain the issues and options around family law.

5 Tips for Finding a Family Lawyer That’s the Right Fit for Your Unique Situation

Family Law Tips / Frequently Asked Questions / News / Separation and Divorce

With hundreds of lawyers serving the residents of Niagara, selecting someone to help you navigate your legal matters can feel like an overwhelming task. Fortunately, […]

Our Team is Growing!

Collaborative Family Law / Mediation / Separation and Divorce / Uncategorized

Sharon B. Silbert Professional Corporation Family Law + Mediation is pleased to welcome law student Stephanie Feld to our team this summer. Stephanie recently completed […]