Child Custody Lawyers

When parents separate, the hardest question is often where the children will live. A child custody lawyer can explain your options, help you reach an arrangement that works for your children, and represent you if you cannot agree. On this page you can compare family lawyers who handle custody, see their rates and availability, and book a consultation online.

Child custody is one part of family law. For divorce, separation and other family matters, see our page on family lawyers.

What a child custody lawyer does

Depending on your situation, a custody lawyer can:

• Explain your options: sole or shared custody, access, and what each would mean day to day for your family.
• Draft or review an agreement: a parenting plan or custody agreement you reach with the other parent, alone or in mediation.
• Negotiate: with the other parent or their lawyer, so decisions are made without a court battle where possible.
• Represent you in court: when there is no agreement, or when an urgent order is needed.
• Handle changes: a request to modify an existing judgment, or a proposed move with the child.

The best interests of the child

In Quebec, every decision about a child is made in the child's interest. The court considers things like the child's needs, age and health, their relationship with each parent, their stability, and each parent's ability to care for them. According to the Quebec government's page on custody principles, no custody model is given preference: each family is assessed on its own facts.

Sole custody, shared custody and access

The words matter:

• Shared custody (garde partagée): the child lives with each parent for a substantial share of the time.
• Sole custody (garde exclusive): the child lives mainly with one parent.
• Access (droits d'accès): the time the other parent spends with the child, such as weekends, part of the holidays or certain weekday evenings.

There is no standard formula: the child's age, the distance between homes and school all play a role. A lawyer can tell you which arrangement is realistic in your case.

Parental authority is not the same as custody

Custody is about where the child lives. Parental authority is about who makes the important decisions: health care, schooling, religion and similar matters. In Quebec, both parents generally keep parental authority after a separation, whichever custody arrangement applies. That means major decisions are still made together, even when the child lives mostly with one parent.

Mediation first: a free service for parents

Many parents settle custody without going to court. Quebec offers free family mediation sessions to separating parents with a dependent child. The details and the number of free sessions are on the Quebec government's family mediation page.

A mediator is neutral and does not advise either parent, so many parents consult a lawyer to understand their rights and to review the agreement before signing.

How custody cases work in Quebec

When parents cannot agree, custody is decided by the Superior Court of Québec. The broad path usually looks like this:

• Getting advice and, where possible, trying mediation or negotiation.
• Attending an information session on parenting after separation, which is generally required before a contested hearing.
• Filing an application, or answering one filed by the other parent.
• Temporary measures, if the situation cannot wait until the end of the case.
• An agreement approved by the court, or a judgment after a hearing.

The law that applies depends on your status. Married parents who divorce fall under the federal Divorce Act, which uses its own terms such as parenting time and decision-making responsibility; Justice Canada's family law pages explain them. Parents who were not married fall under the Civil Code of Québec. Either way, the child's best interests remain the test.

Changing a custody judgment or moving with your child

A custody judgment is not set in stone. If your family's circumstances have changed in a real and lasting way, such as a new work schedule, a change in the child's needs or a parent who no longer exercises their time, either parent can ask the court to modify it. Until the court decides, the existing judgment still applies.

Moving with the child is especially sensitive. A move that would change the child's routine or their time with the other parent usually requires notice to the other parent and, if they disagree, a decision from the court. Talk to a lawyer before you commit to a move.

Child support and the child's voice

Custody and child support are closely linked. In Quebec, child support is set using the Quebec determination model, which takes into account both parents' incomes and the custody arrangement.

Children are not asked to choose between their parents, but their views can matter. Depending on their age and maturity, a judge may take what the child wants into account, and in some cases the child may have their own lawyer.

Youth protection is a separate process

If the Director of Youth Protection (DPJ) is involved with your family, that is a different process from a custody case between parents. If you have been contacted by the DPJ, speak with a lawyer who handles youth protection matters as soon as you can.

When to get a lawyer

• You are separating and need to decide where the children will live.
• The other parent has filed a custody application, or you received court papers.
• You disagree on custody, access or a major decision about the child.
• You or the other parent want to move with the child.
• Your circumstances have changed and the current judgment no longer fits.

Preparing for your consultation

Bring any existing judgment or agreement, your current schedule with the children, and the questions that worry you most. Ask how the lawyer charges.

Compare and book on JustiConnect

Browse the lawyers listed below, filter by location, rates and availability, and book a consultation directly. You can also search all child custody lawyers or see child custody lawyers in Laval. Not sure who to pick? Our guide on how to choose a lawyer in Quebec can help.

Frequently asked questions

What is the difference between shared and sole custody?

With shared custody, the child lives with each parent for a substantial share of the time. With sole custody, the child lives mainly with one parent and the other usually has access.

Do we have to go to court to settle custody?

No. Many parents reach an agreement on their own or in mediation. To make it enforceable, the agreement can be approved by the court.

At what age can a child choose where to live?

There is no age at which a child simply decides. A judge may take the child's wishes into account, but the decision is always based on the child's best interests.

Can a custody judgment be changed?

Yes, if circumstances have changed significantly since the judgment. Parents can agree on a change and have it approved, or one parent can ask the court to modify it.

Can I move with my child without the other parent's consent?

Not safely. A move that affects the child's time with the other parent generally requires their agreement or a court decision.