In Quebec, parents going through separation or divorce often face one of the most challenging and emotional questions: how should parenting time be divided? For some families, sole or exclusive custody is the answer, where the child primarily lives with one parent. For others, shared or joint custody feels more balanced, giving both parents significant involvement in daily life.

The decision is never about what seems most convenient for the adults. Courts consistently repeat the same guiding principle: custody arrangements must serve the best interests of the child.

Sole Custody vs. Shared Custody

• Sole custody means one parent has the child for more than 60% of the time. The other parent may still have generous access rights weekends, holidays, or extended vacations – but the child’s main home remains with one parent.
• Shared custody occurs when each parent has the child for at least 40% of the time. This does not always mean a perfect 50/50 schedule. It could be alternating weeks, 5-2 day splits, or other creative arrangements tailored to the child’s age, school, and family routine.

Lawyer’s insight: Courts are less concerned with exact percentages than with whether the arrangement offers stability, consistency, and quality of life for the child. Numbers matter, but they are never the whole story.

The Key Factors Quebec Courts Consider

When deciding on custody, judges weigh a variety of factors. The principle of the best interests of the child is always central, but how it is applied depends on the family’s circumstances.

1. Emotional and physical well-being
   Judges ask: where will the child feel safest, healthiest, and most supported? Signs of neglect, instability, or high conflict weigh heavily against shared custody.
2. Parental availability and schedules
   Shared custody requires both parents to be truly present. Courts look carefully at work hours, flexibility, and whether each parent can realistically provide day-to-day care.
3. Stability
   Consistency in schooling, extracurricular activities, and friendships is considered essential. Disrupting these routines can harm a child’s development and is rarely supported.
4. Parental cooperation
   Even the most equal schedule fails if parents cannot communicate respectfully. Courts often deny shared custody if there is constant conflict, as exposure to parental hostility is considered harmful for children.
5. Living arrangements
   Distance matters. If parents live far apart, shuttling the child back and forth may be impractical. Proximity to the child’s school, healthcare providers, and activities plays a decisive role.

When Courts Are Likely or Unlikely to Approve Shared Custody

Situation	Court Likely to Approve Shared Custody	Court Unlikely to Approve Shared Custody
Parental Availability	Both parents have flexible work schedules and can actively care for the child on a daily basis.	One parent works night shifts or long hours, leaving most caregiving to babysitters.
Stability	Parents live close to each other and near the child’s school, minimizing disruption.	Parents live in different cities or far from the school, creating logistical difficulties.
Parental Cooperation	Parents communicate respectfully and can resolve conflicts without hostility.	Constant conflict, refusal to cooperate, or using the child as leverage.
Child’s Needs	Arrangement maintains continuity in education, healthcare, and extracurricular activities.	Proposed schedule disrupts schooling or social development.
Child’s Wishes	Mature child expresses consistent preference supported by evidence of well-being.	Younger child’s preference is unclear or results from parental pressure.

Best Interests of the Child in Practice

The phrase “best interests” might sound vague, but in Quebec courts it is applied in very concrete ways:

• A parent living close to school may be favored to reduce commuting stress.
• If one parent works regular daytime hours and the other works overnight shifts, shared custody may not be feasible.
• Judges often consider a child’s opinion once they are mature enough. However, the child’s preference is not controlling – the court makes the final decision.

Case from my practice: I represented a father who requested equal time with his young son. On paper, his schedule looked balanced. In reality, his night shifts meant the child would spend many evenings with babysitters. The court ruled against shared custody, explaining that the value of parental presence outweighed mathematical fairness.

Practical Advice for Parents Preparing for a Custody Case

• Document your involvement. Keep proof of your role in the child’s life: attendance at school meetings, healthcare appointments, sports, or daily routines. This evidence shows you are actively parenting.
• Be realistic. Do not propose a schedule that conflicts with your work hours or requires constant outside childcare. Judges quickly recognize when a plan is impractical.
• Show cooperation. Even when emotions run high, demonstrate willingness to communicate. Courts reward parents who place the child’s needs above their own disputes.
• Explore mediation. Many families resolve disagreements through mediation, which is faster and less costly than court. Agreements reached this way often prove more durable.

Lawyer’s insight: Parents sometimes approach custody hearings emphasizing their own “rights.” But the court views custody through a different lens: the child’s rights and needs come first. The most successful arguments show not why a schedule is fair to the parent, but why it benefits the child.

Common Mistakes Parents Make

1. Focusing on fairness to themselves rather than stability for the child.
2. Overpromising. Suggesting a 50/50 split without the time or flexibility to make it work often backfires.
3. Using custody as leverage. Judges quickly see through parents who treat custody as a bargaining chip in financial negotiations.
4. Ignoring evidence. Courts expect objective proof, not just opinions. Unsupported claims about being “more involved” rarely succeed.

Frequently Asked Questions About Joint Custody in Quebec

Does joint custody always mean 50/50?
No. Shared custody begins at 40% of the time. Courts often approve flexible schedules that do not divide time equally but still give both parents significant involvement.

Can my child decide where to live?
Not alone. A mature child’s opinion is considered, but the court makes the final decision based on best interests.

What happens if parents live far apart?
Distance often makes shared custody impossible. In such cases, one parent may have primary custody while the other receives extended access rights.

How does shared custody affect child support?
Child support is adjusted when custody is shared, but it does not disappear. Both parents remain financially responsible, and calculations follow Quebec guidelines.

Conclusion: Shared Custody Requires Careful Planning

Joint custody in Quebec can be rewarding for children when both parents are capable of providing stability, presence, and cooperation. But it is not automatic. The court examines every detail to ensure that the arrangement supports the child’s emotional, educational, and social needs.

At Guzun & Associates, we work with parents in Montreal and across Quebec to design custody arrangements that are fair, realistic, and legally sound.

📞 Call us at +1 (514) 842-7414
📧 Email us at office@avocatguzun.com
📍 Meet us in our Old Montreal office or schedule an online consultation.

With the right legal advice, you can pursue a parenting plan that protects your child’s future while respecting the realities of both parents’ lives.