Im looking for some legal advice in regards to temporry child custody agreements of a newborn. I havent taken any steps,

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Customer: hello
JA: Hello. How can I help?
Customer: Im looking for some legal advice in regards ***** ***** child custody agreements of a newborn
JA: What steps have you taken? Have you filed any papers in family court?
Customer: I havent taken any steps, the babies due date is this week.
JA: Family law varies by state. What state are you in?
Customer: oh im in canada ontario
JA: Anything else you want the Lawyer to know before I connect you?
Customer: no not really.
Answered by Legal Ease in 1 hour 1 year ago
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Jessica

Jessica

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Legal Ease, Expert

Hello and Welcome to JustAnswer. My name is***** will be working on your question today and I am looking forward to our conversation.

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Legal Ease, Expert

Please note that I am working from my computer and not actually texting. If you don’t answer back for a while I may not be online when you do but I will never desert you and will check back often. As well, as I am working from home it is possible that I will be interrupted but I will always return back as soon as I can. Finally, although the site offers a call option I personally do not take calls but just work online. Some find this confusing as it looks like the offer is coming from me but that is just how the site presents the offer and it really isn’t coming from me.

I am sorry to hear of this difficult situation.

Please let me know the basic facts and then your specific legal question.

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I hope to hear back from you soon.

Customer
Little background, I am married and I am separated from my wife for a 3rd time and a week after separating we found out she's pregnant, we tried to reconcile while she stayed at her parents for the child's sake but did not succeed. We have too many differences so have had a very troubled 2 year marriage. We are planning on getting a divorce. I would like to know if I have the right as a father to demand a written temporary child custody agreement for my newborn in order to have regular and sufficient visitation rights? If so how should I go about getting this temporary agreement until the divorce and child custody is finalized down the road? Mother and her family has already denied this saying she can not stress about being able to expect me to come see the baby at a specific time and on a consistent schedule post delivery because of the postpartum struggles women go through. They said they will try their best to allow me to see my child as often as possible. In the past, there were a lot of broken promises and lack of effort so I cannot and do not want to leave this up to them to try their best. I feel this is not looking in the best interest of the child and that since it is a newborn, it is important that I build a relationship with the child and it is already very difficult as I wont be living with the newborn and they are*****away each way.
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Legal Ease, Expert

You can't demand an agreement but you certainly can obtain an order and what you can do is obtain an order for a joint custody with generous access to you that needs to be structured because the mother and her family are not going to be generous with the access no matter what the order says.

Your best next step would be to retain a family lawyer at once. The lawyer cannot apply for the order until the baby is born but the lawyer should be ready to act.

What you can do to find a lawyer is one of the following things.

You can contact the Law Society and use their Lawyer Referral Service. You will be given the name of a lawyer and can consult with the lawyer and the first half hour will be free.

Here is a link to the site:

https://lsrs.lso.ca/lsrs/welcome

Or you can check on a site called lexpert. This is a legal directory of leading lawyers and law firms throughout Canada and is well-respected by the legal community.

Here's the link to their website:

http://www.lexpert.ca/directory/find-lawyers-or-law-firms/

Does that help as a starting point?

Customer
Hello, yeah that is a great start. What do you mean "her family are not going to be generous with the access no matter what the order says", I thought an order would solve this issue, that an order would make them accountable to holding their end of a structured custody arrangement and visitation arrangement? Also how long does the process of getting an order take after the baby is born just for my information?
Customer
Did my rating cancel the chat?
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Legal Ease, Expert

No. Of course I didn't. I am going to answer again now.

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Legal Ease, Expert

Let me clarify what I meant. Often an agreement to order says generous access. That means that the parents would work it out but you've already been warned by their behaviour and statements that that's not going to work out for you. So you cannot ask for generous access. You need structured and consistent and very frequent access while having joint custody.

It could take a long time especially with Covid which is why you should have a lawyer ready to act instantly.

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Legal Ease, Expert

Thank you for trusting us to help you here at JustAnswer. If you would like to ask me new questions please start a new post and if you do if you say “This is only for Debra” I will be sure to give your post top priority.

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