My ex wants to take me to court for Custody. He has not provided financially nor boths to ask how shes doing. What are

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Customer: My ex wants to take me to court for Custody. He has not provided financially nor boths to ask how shes doing. What are the chances he will get our daughter?
JA: Who currently has legal custody?
Customer: Neither of us; She is with me 100% of the time though
JA: Is there a child custody order in place?
Customer: No
JA: Anything else you want the Lawyer to know before I connect you?
Customer: no
Answered by Timothy in 1 hour 1 year ago
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Timothy
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Expert in: Family Law, Legal, Estate Law, Real Estate Law, Criminal Law, Employment Law, Business Law, Consumer Protection Law, Bankruptcy Law, Traffic Law, Personal Injury Law.

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Timothy
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Timothy
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Timothy, Expert

Hi. My name is ***** ***** and I'm a lawyer. When you say your ex wants to go to court, has he started an application or has he just threatened? How long has your child been with you full time? Is there and involvement with child services?
Customer
From my understanding, it is just a threat at this moment. He said he is going to go to a solicitor this weekend to get them to help him get custody. My daughter has been with me full time since August 2020. Before that, my ex and I lived together. There is no involvement with child services.
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Timothy, Expert

Firstly, custody means decision making. You could have joint custody with your ex and still have your child live with you full time. He probably means residency or where the child will live.When it comes to residency, the status quo makes a big difference. Theinger the child has been with you, the less likely there will be a wholesale change. In most circumstances, the court will not remover the child from your home and put in his home. That rarely happens and when it does, it's because there are serious issues with the other parent. You ex could be successful to have the child live with him some of the time but would most likely be unsuccessful in getting the child full time and sole custody.
Customer
Okay. He lives in Australia, will that change anything?
Customer
should I just go ahead and file for sole custody?
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Timothy, Expert

Did you move here from Australia with the child?
Customer
No, she was born here. And has lived here since birth
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Timothy, Expert

That makes it even less likely he would successful. I would suggest you start custody proceedings.
Customer
Okay. So I should file for sole custody? And where would I get the paperwork for this?
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Timothy, Expert

Apply for sole custody. All the family law forms can be found online at http://ontariocourtforms.on.ca/en/family-law-rules-forms/
Customer
Okay and then I would go to court, right? How much will that cost to have a lawyer?
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Timothy, Expert

The forms would be for court. The cost to get a lawyer will vary based on your location and the lawyers experience.
Customer
Okay, thank you so [email protected]@
Customer
Hi
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Timothy, Expert

Haooy to assist. I would be so kind as to leave me a five star rating so I recieved credit for this conversation. If you need any further clarification, please feel free to ask.
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