Child Custody Lawyer Montreal: Protecting Your Parental Rights

If you need a child custody lawyer in Montreal, look no further than Goldwater, Dubé. We are experienced in child custody cases and can help you. Call us today.

Experienced Child Custody Attorney in Montreal

During a divorce, you and your spouse may disagree on what is best for your child. It may be challenging to agree on a child custody arrangement when you both want physical custody. If you are in a similar situation, consider contacting a child custody lawyer in Montreal.

Child custody lawyers can help you reach an agreement with your spouse through mediation or settle the case in court if you and your spouse cannot reach an agreement.

Goldwater, Dubé has been a leading family law firm since 1991. We provide mediation and other alternative dispute resolution processes to solve family disputes efficiently and quickly. If need be, our family attorneys are ready to fight for your parental rights in court.

Child Custody Jurisdiction in Montreal, Quebec

When a child custody issue is part of a divorce case, the case will be heard in a Court of Quebec and regulated by the federal Divorce Act. However, if the child custody issue is brought when no divorce case is ongoing, the case will be subject to the provisions of the Civil Code of Quebec (CCQ).

A family lawyer from Goldwater, Dubé can explain the laws governing your child custody case and what to expect.

What Are the Types of Child Custody Agreements in Montreal?

After a divorce or legal separation, parents can propose custody agreements they think will work for them and their children. However, if you and your ex-spouse don’t agree with each other’s custody plans, the court judge will set up the custody arrangement that’s in the child’s best interest. Common custody models in Montreal include:

Sole Custody

In sole or exclusive custody, one parent spends over 80% (292 days) of custody time with the child each year. This means you have the right to make the most important decisions in your child’s life. The court may award sole custody in cases where your ex-partner is an alcoholic, abusive, or negligent.

Sole Custody with Visiting and Prolonged Outing Rights

The parent who doesn’t have custody may be granted visiting and prolonged outing rights totalling between 20% and 40% of the custody time. These rights permit your child to spend time with their other parent and may include telephone calls, vacations, field trips and short visits.

Shared (Joint) Custody

In shared custody, the child spends between 40% (219 days) and 60% (146 days) of the time with each parent. Before the court can issue shared custody, both spouses must showcase the ability to:

  • Give the child the safety and security they need
  • Properly care for the child financially and mentally
  • Speak to one another without arguments
  • Live close to one another

How Do Judges Determine Child Custody?

When deciding on child custody arrangements, judges always determine what’s in your child’s best interest. They will consider the following factors to determine the child custody arrangement:

  • Your child’s age and needs

  • You and your ex-spouse’s financial ability to meet your child’s needs

  • The child’s relationship with you and your ex-spouse

  • The child’s relationship with other members of the family

  • How to maintain stability in the child’s life

  • Your child’s mental and physical health

  • Your and your ex-spouse’s mental and physical health

  • Both parents’ involvement with the child previously

  • The time available to both parents to spend with the child

  • The impact of the parents’ lifestyles on the child

  • How to keep all the children together if there’s more than one child

  • The willingness of one parent to help the child have a good relationship with the other parent

  • The child’s preferences

  • Whether any parent poses a danger to the child’s wellbeing

What Are the Rights of Parents With Custody?

If you are granted sole custody of your child, you have the right to make most of the important decisions regarding your child’s life, including:

The Right to Make Everyday Decisions

When your child is in your custody, you can make decisions about all routine things concerning the child, including:

  • What your child should eat
  • When your child should go to bed
  • What your child should wear
  • Where your child should live and visit

However, the other parent can object to these decisions if they endanger the child’s health, safety or development. You should not make major decisions that concern your child’s life alone without consulting the other parent.

A Right to Move With Your Child

You have a right to move with your child as long as it does not affect the visiting rights of the other parent. You must inform them about your decision to move and provide them with the new address.

If your move is sudden and causes a major change in the child’s life, the other parent can ask the court for custody. The court will consider several factors before deciding to approve the move.

A Right to Have a New Partner

You can start your life over with a new spouse or partner and maintain custody of your child. However, new partners will not have parental authority. If the new spouse behaves negatively towards the child, the other parent can ask the court to modify the custody agreement.

Why You Need a Child Custody Lawyer in Montreal?

Child custody cases can be emotionally charged and draining, especially during divorce proceedings. An experienced and compassionate family lawyer can give you the much-needed guidance and support to make the best decisions for yourself and your child.

Your ex-spouse may have an attorney representing them, so it is important not to fight this alone. Whether you go to court or not, having a child custody lawyer can be vital, as child custody matters involve complex law provisions.

Navigating the process unprepared may cost you a lot, especially losing custody of your child. Therefore, it is always advisable to consult with an experienced child custody lawyer.

Get in Touch With Goldwater, Dubé

You are entitled to live with your child, even after divorce or separation. Fighting for a chance to be with them is a stressful and emotional experience. That’s why we prioritize mediation and collaborative solutions over litigation. We can help you reach a fair child support and custody agreement with your ex-partner and save yourself and your child the stress.

Nonetheless, our attorneys are ready to defend you aggressively in court if it comes to it. We have experience pleading before the Court of Quebec, the Superior Court of Quebec, and the Federal Court of Canada. Contact our family law attorney today.


Make an appointment with a member of our team today.