Do Mothers Automatically Get Full Custody?
One of the biggest misconceptions about child custody in Ontario is that mothers automatically receive full custody after separation or divorce. However, this is not the case. Courts do not favor one parent over the other based on gender. Instead, they determine custody based on the best interests of the child.
If you are a mother seeking full custody, you will need to provide strong evidence that full custody is necessary for your child’s well-being.
In this guide, we will cover:
- What full custody means in Ontario
- The factors courts consider when deciding custody
- Steps mothers can take to strengthen their custody case
- Common mistakes to avoid in custody disputes
(This is an informational article from Key Family Law, a trusted Ontario family law firm.)
What Does Full Custody Mean in Ontario?
The legal term “full custody” is no longer used in Ontario family law. Instead, custody is now referred to as:
- Decision-making responsibility – The right to make major decisions about the child’s education, healthcare, religion, and general well-being.
- Parenting time – The time a child spends with each parent, including where they primarily live.
If you are seeking full custody, you are likely asking for sole decision-making responsibility and primary or exclusive parenting time with limited or no access for the other parent.
Courts generally believe that it is in the child’s best interest to have a relationship with both parents. However, there are circumstances where a mother may be granted full custody, such as in cases of abuse, neglect, or an absent father.
🔗 Learn more about child custody laws here: Child Custody
How Do Courts Decide Custody in Ontario?
Ontario courts base custody decisions on the best interests of the child rather than the preferences of either parent. Some of the key factors considered include:
- The child’s relationship with each parent – Courts assess which parent has been the primary caregiver and who has a stronger emotional bond with the child.
- Each parent’s ability to provide stability – Courts examine the living situation, financial stability, and overall ability of each parent to care for the child.
- The child’s wishes – If the child is old enough (typically around age 12 or older), their preferences may be considered.
- Each parent’s willingness to cooperate – Courts look favorably upon parents who encourage a positive relationship between the child and the other parent.
- Any history of abuse or neglect – A parent with a history of domestic violence, substance abuse, or neglect may have limited or no custody rights.
Since courts prefer shared parenting arrangements, mothers seeking full custody must present a compelling case that such an arrangement would not be in the child’s best interest.
🔗 Concerned about your parental rights? Learn more here: Parental Rights
How to Get Full Custody as a Mother in Ontario
If you believe full custody is in your child’s best interest, you will need to take the following steps to strengthen your case:
1. Demonstrate That You Are the Primary Caregiver
Courts favor stability for children. If you have been the primary caregiver, you should document:
- Who takes the child to school, medical appointments, and extracurricular activities.
- Who handles daily care, including meals, bedtime, and homework.
- Any evidence that you provide a stable and nurturing environment.
You can strengthen your case by gathering statements from teachers, doctors, daycare providers, or family members who can verify your caregiving role.
2. Provide Evidence That Shared Custody Is Not in the Child’s Best Interest
Ontario courts generally prefer shared custody unless there is a valid reason why it would not benefit the child. You must provide clear evidence that the father is unable to provide a safe or stable environment.
Situations where full custody may be granted include:
- Substance abuse issues – If the other parent has a drug or alcohol problem that affects their ability to care for the child.
- Domestic violence or abuse – If the father has a history of violence or has been charged with domestic abuse.
- Neglect or abandonment – If the other parent has shown little or no interest in being involved in the child’s life.
Keep records of any police reports, medical records, threatening messages, or missed visitations that demonstrate why full custody is necessary.
3. Show That You Can Provide a Stable Living Environment
A stable home environment is one of the most important factors in custody decisions. You must demonstrate that you can provide:
- A safe and secure home for the child.
- A financially stable situation where the child’s needs will be met.
- A routine that promotes the child’s well-being.
Courts will also assess your ability to co-parent. If you actively support the child’s relationship with the other parent (unless there is a valid reason not to), it can improve your chances of being seen as the best choice for custody.
4. File a Custody Application in Court
If the other parent does not agree to full custody, you will need to file an application with the Ontario Family Court. The process includes:
- Completing the necessary court forms, such as Form 8: Application (General).
- Gathering all supporting documents, including financial statements, evidence of caregiving, and any reports of abuse or neglect.
- Attending mediation or court hearings if required.
A family lawyer can help you prepare your case, ensuring you present the strongest possible argument for full custody.
📞 Need legal help with your custody application? Key Family Law can guide you through the process.
Common Mistakes That Can Hurt Your Custody Case
Avoiding mistakes during a custody battle is just as important as gathering the right evidence. Some common mistakes mothers make include:
- Speaking negatively about the other parent in front of the child. Courts disapprove of parental alienation.
- Failing to follow court orders. Ignoring temporary custody agreements can damage your credibility.
- Not being prepared with evidence. Courts make decisions based on facts, not emotions—document everything.
- Refusing to cooperate with the other parent. Showing that you are willing to work with the other parent (unless there is a valid safety concern) strengthens your case.
Final Thoughts: How to Get Full Custody as a Mother
Full custody is not automatically granted to mothers in Ontario. Courts base decisions on what is best for the child, not the parents.
If you want full custody, you must:
✔ Prove that you are the primary caregiver.
✔ Provide evidence that shared custody is not in the child’s best interest.
✔ Show that you can offer a stable and loving home.
✔ Be prepared to go through the legal process and provide documentation.
📞 Need help fighting for custody? Key Family Law specializes in child custody cases and can help you build a strong case.