Just wondering if my sons father can take me for 50/50 custody when iv been the full time parent the entire time. I

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Customer: just wondering if my sons father can take me for 50/50 custody when iv been the full time parent the entire time
JA: Who currently has legal custody?
Customer: I believe i technically do, im the only one on the birth certificate and for taxes i have full custody.. we dont have anything set court wise though
JA: Is there a child custody order in place?
Customer: yes
JA: Anything else you want the Lawyer to know before I connect you?
Customer: no
Answered by Legal Ease in 17 hours 2 years ago
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Jessica

Jessica

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Legal Ease, Expert

Hello. Let me see if I can help. Please understand I can only give general answers and cannot give Case specific advice since no attorney client relationship is formed here.
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Legal Ease, Expert

That said, what state are you in? Family law and child custody matters are governed by state law
Customer
im in canada alberta
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Legal Ease, Expert

I’m sorry I am in the United States. Let me I’ve done so you can get in touch with a Canadian lawyer
Customer
ok thank you
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Legal Ease, Expert

I am a lawyer in Canada and happy to step in.

How long have the current living arrangement been in place for?

When did you separate?

Is there a written agreement?

Customer
We broke up when I was 7 months pregnant. Theres np written agreement but iv had my son the last 3.5 years full time
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Legal Ease, Expert

There is really no likelihood that a court would alter this status quo at all.

This is the only life you child has every known. 50/50 would be harmful to the child given how an extreme difference this would be.

Does that make sense?

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
Ok yeah that makes sense.. i was worried. Because he bailed lots on times he was meant to visit and hasn't even paid all his child support.Should i try to go for full custody in the court or just stick to how it is now where I'm the only one on the birth certificate and the CRA and Service canada see me as a parent with full custody
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Legal Ease, Expert

Who is listed on the birth certificate doesn't matter. It also doesn't matter what the CRA or Service Canada see you as.

The issue is that the status quo is entirely in your favour. Without an order or agreement you have custody so if there is no threat about the father not returning the child then you should leave things alone for as long as possible. At the time passes your position is just stronger and stronger.

Customer
Ok thank you
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Legal Ease, Expert

You are very welcome.

Please be sure to rate me before you leave the site so that I can receive credit for my work.

Thanks and take good care.

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