If I have de facto sole custody, does that mean I will be granted legal custody over my children in a court of law?
The fact that you have had sole custody of the children after separation (or de factor sole custody) sets a status quo in your matter. This status quo has momentum. However, this momentum is not determinative. If your matter ultimately proceeds to court, a judge will, at that time, determine custody based on the best interests of the children.
There are many different situations whereby a parent has de facto sole custody.
De facto sole custody:
- Implies that one parent has taken on the assumption of sole custody but that this parent has no legal documentations to support the claim.
- Means that you currently have legal custody of your children and that you have been making all decisions with regard to the care and upbringing as if you had full legal custody over them.
For example, in the event that you and your spouse split up, and your spouse has moved out of the apartment and only sees the children of the marriage once in a while, then you would technically have de facto sole custody.
In the event that you and your spouse have formally accepted that you ought to have sole custody, it is unlikely that a court would overrule this agreement or make any changes to your situation.
In the event that your former spouse does not formally agree to this arrangement, in the form of a court order or agreement, then the custody arrangement may only be temporary, depending on the ultimate ruling of the court.
De facto joint custody is a situation where you and your former spouse, from the time of the official split up, have shared the custodial rights over the children of the marriage.
For more information on custody, contact Krol & Krol at 905.707.3370.
