If I gave birth to a child in Canada, and both myself and the baby are Canadians by birth, can the father petition me

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Customer: If I gave birth to a child in Canada, and both myself and the baby are Canadians by birth, can the father petition me for legal rights to the child? Keep in mind the father is not Canadian.
JA: What was your marital status at the time of birth?
Customer: We weren’t married. It was honestly a very casual relationship
JA: Has a paternity action been filed in Canadian family court?
Customer: can he do that, given he is not from Canada?
JA: Anything else you want the Lawyer to know before I connect you?
Customer: Nope
Answered by Legal Ease in 11 hours 2 years ago
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Jessica

Jessica

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Legal Ease, Expert

Hello. I am KimP. I have practiced law for over 20 years.

Where is the father from?

Where do you live?

Customer
He is from Trinidad and Tobago. I lived in Trinidad and Tobago too, but came back home to Canada to have the baby here. He has been absent for most of the pregnancy and most of the expenses have been covered by me
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Legal Ease, Expert

I only cover matters related to the US. I will opt out so someone else can help.

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Legal Ease, Expert

I am sorry to hear of this difficult situation.

Are you and the baby still living in Canada after the baby's birth?

Customer
Hi
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Legal Ease, Expert

Then the law of Canada would definitely apply as that is where the child habitually resides.

The father can bring an application for custody or access in your city. But the father would have to move to your city before he would get custody. There is no likelihood really that he could get the court to consent that he move the child to Trinidad and Tobago.

He could get access but for some time that would only be in your city and not to take the child back to his home.

He also has to pay child support.

Does that help?

Please feel free to post back with any follow-up questions you may have. If you don't have any then I hope I have earned a 5 star rating but if you don't feel that I have please don't hesitate to reply back and let me know what more I can do to assist you. Finally, please know that even after you rate me I will be here for you and you can ask follow-up questions if you think of them later on at no further charge of course.

Customer
Thanks for your help! I am not interested in him paying child support as I am (thankfully) in a financial situation where I am able to provide for the baby.
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