When you are in need of family lawyers we can help you. Whether it’s with partner, family separation or divorce, child custody, access or children’s aid society issues, child support or spousal support. These issues can be a difficult process on your own; we at Metelsky Law will give you care, attention and guidance that you deserve.
Working with a Family Lawyer
- Domestic Contracts
- Child Custody & Access
- Child Support
- Spousal Support
- Parenting Plans
- Custody Modifications
- Division of Property
- Child Protection
We understand that divorce is unpleasant. We are committed to providing compassionate representation while we aid in resolving all aspects of your divorce.
Managing the details of your divorce can be difficult while dealing with the emotion that accompanies the divorce. We will manage the details and provide guidance in making decisions that can have life-long consequences.
A separation can encompass many, if not all, of the issues you will endure in a divorce. If you are unsure whether or not you should pursue a separation or divorce, we can provide you with guidance on the best way to proceed. Should you decide to formally separate but remain legally married, we can still help to preserve your interests.
Sole, Joint, Shared and Split
It’s important to know the two different types of custody – physical and legal.
Sole custody determines with whom the child(ren) live, and specifies which parent makes decisions related to health, education and welfare of the child. Joint custody is possible when both parents can work together successfully in the best interest of the child(ren).
Disputes over custody can cause much bitterness between divorcing parents and it can be easy to lose sight of what’s really important. We offer compassionate representation focused on the best interest of the child(ren) and protecting your rights. We’ll also help you work toward resolution before trial. When you take a child custody dispute to court, you are putting the outcome in the hands of the judge.
We can help you secure your rights for visitation. We handle extended visitation and supervised visitation.
We can help you draft and negotiate a parenting plan that is best for your child(ren) and protects your rights.
We provide legal counsel for both Child & Spousal Support. These are often the most contentious and stressful issues between former spouses. We are hands-on and attentive to ensure your best interests are protected.
We will help you understand the Guidelines for child support and how they affect your rights and responsibilities. Child support usually continues until the child graduates from high school, but in some cases it may be extended for a disabled child or post-secondary education.
The final amount can vary based on a variety of factors including health care costs, day care expenses, spousal support, education costs, other children in the home or other child support obligations.
We can answer all of your questions in paternity, divorce and modifications proceedings and help you understand everything the courts will take into account.
Paternity / Parentage
“Paternity” and “Parentage” are terms referring to the issue of establishing legally that a
person who was not married to the mother of a child at the child’s birth is the legal father of that child. A husband is presumed to be the father if a child is born during a marriage or within 300 days of the termination of marriage by death, annulment, divorce, or legal separation.
We advise unmarried parents on issues relating to:
- Filing petitions to establish paternity
- Determining child support, custody and visitation
In cases where an unmarried father may agree to paternity, the parties may sign a form acknowledging the parentage. A parent may also attempt to establish paternity through the courts by filing the appropriate petition. The court will then have the father submit to genetic or DNA testing. Once paternity is established, custody, visitation, and child support must be determined.
The parties may agree to settle these issues outside of court or have the court decide.
We are focused on protecting the interest of our clients and the children involved and we will walk you through each step and help you understand your rights and responsibilities.
Spousal support may be short term, transitional, compensatory, long term, or permanent. The court will examine many factors to determine the proper spousal support award.
We will walk you through the details to help you understand whether or not spousal support is appropriate and if so, the amount and duration. Factors taken into consideration include:
- Length of the marriage
- Contribution by one spouse to the others education or business success
- Earning capacity of each spouse
- Age of each spouse
If you share custody of your child with a former partner, moving is not a simple matter. There are many factors the court will consider in the relocation of a child. Decisions are made based on the best interest of the child and courts recognize the importance of a close and continuous relationship with both parents.
If the custodial parent plans to move away from the non-custodial parent or outside of Ontario, the custodial parent must notify both the other parent. Regardless of the distance, a custodial parent must continue to comply with any court order regarding parenting time unless and until that order is changed. If the non-custodial parent objects he or she can file an application to stop it.
If there is no existing court order for custody and visitation the custodial parent is free to move away. However, the non-custodial parent can object, especially if the move will interfere with the ability to visit with a child. When a current order is in place factors taken into consideration
include distance, quality of life, school district and activities nearby. Whether there is an order in place or not, it’s a good idea to start the process by talking to a lawyer and provide the other parent with relocation plans.
We will help you understand all the necessary steps involved in relocation requests. If you are the parent requesting to move away we’ll walk you through the factors the judge will consider and see that your relocation or move away request is handled properly.
Fair and Equitable Distribution of Property and Debts
The division of property and debts in a marriage, marital like relationship, or domestic partnership can be simple and straightforward in some cases, and in other cases be difficult and complex. Regardless of your type of case, we are sure to protect your interests in property acquired during the relationship, prior to the relationship, and by gift or inheritance. The goal is to maintain your interests while achieving a fair and equitable distribution.