Child Custody Myths Debunked: What the Courts Really Consider in Ontario

One of the most emotional and misunderstood aspects of divorce is child custody. In Ontario, the law focuses on the best interests of the child, not what one parent believes is “fair.”

Let’s clear up some common misconceptions:

Myth #1: Mothers Always Get Custody

False. Courts look at who has been the primary caregiver, but gender is not a deciding factor.

Myth #2: Shared Custody Means No Child Support

Not necessarily. Shared custody (where each parent has the child at least 40% of the time) may affect the amount, but support is still typically owed—based on income and the child’s needs.

Myth #3: Older Children Choose Where They Live

While a child’s views may be considered (especially as they get older), the court makes the final decision based on their best interests.

What Courts Consider:

• The child’s emotional and physical well-being

• Stability and continuity in care

• Each parent’s ability to provide a safe and nurturing environment

• The child’s own wishes (depending on age and maturity)

• Any history of family violence

At TMB Law, we work with you to create parenting arrangements that put your child first—whether that’s through cooperative negotiation or strong representation in court.

Need Support?

Whether you're just beginning the process or you’re in the thick of it, TMB Law is here to support you. Our experienced family lawyers can help you navigate every aspect of your divorce—from paperwork to parenting plans—with care and confidence.

Reach out today for a confidential consultation.