If I was an abuse woman and I to leave with children what are my chances of sole custody?? Not sure if it emergency buy

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Customer: If I was an abuse woman and I to leave with children what are my chances of sole custody??
JA: Has an emergency custody motion been filed?
Customer: Not sure if it emergency buy my paper work was filed
JA: When did this happen exactly? Have the police been involved?
Customer: Yeah but I was scared so I lie to the police when they came but I have pictures of my cuts and child protection services got involved where they help me flee my situation
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: I stay in a shelter for abuse woman and my ex in on probation because he did jail because he got arrested for drug?
Answered by JosephE322 in 5 mins 7 months ago
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JosephE322
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JosephE322
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JosephE322
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JosephE322, Expert

Hi and thank you for using JustAnswer. My name is ***** ***** I will be assisting you with your question.

I am licensed Canadian lawyer, and this conversation is for informational purposes only. I kindly ask for your patience as some questions take longer to answer and I may have to do legal research. I may be away from my desk from time to time, but rest assured I will always return back as soon as possible. If at any point during our conversation you don’t understand something, please let me know so I can clarify.

Customer
Hi Joey no problem!
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JosephE322, Expert

Good morning – sorry to hear about the situation. You should report any abuse to the police so that they can investigate and lay charges. This would also create a paper trail so that you have evidence to prove the abuse in court for any custody hearing. You can ask the police for help in obtaining a restraining order so that your partner needs to live elsewhere. When it comes to custody, there is a presumption of joint custody absent compelling circumstances. If the court believes your partner is a threat to the children, then you could be awarded sole custody or there would be limited, supervised access. I suggest you retain a family lawyer as soon as possible to start the legal process.

Does that help answer your question today?

Customer
should I ask???
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JosephE322, Expert

Did you receive my response?

Customer
Okay so even if the abuse is towards me only I have proof cAS was involved were they help me get into a shelter
Customer
my ex just got out of jail he has serious drug charges
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JosephE322, Expert

The court would consider all relevant information when deciding custody. The court's only concern is the "best interests of the child" - nothing else.

Customer
me getting sole sole custody is not possible?
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JosephE322, Expert

Again, the court will look to everything when making that decision. It's rare to be awarded sole custody absent abuse to the children, criminality, severe drug addiction or severe mental illness.

Customer
Am so sorry and I don't what to sound dumb but can please explain this to me please like break it down
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JosephE322, Expert

The court's only concern is the "best interests of the child". The court would look to all relevant factors when deciding custody. The court prefers that both parents have access to their children. If there are concerns, his access might be limited for example only a few hours per week that is supervised by a third party. If there are significant concerns that a parent is abusing a child, there would be little or no access.

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JosephE322, Expert

Does that help answer your question today?

Customer
he is seeking to get every other week but we live 45 min apart
Customer
Yeah it did
Customer
Can I just give him every other weekend
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JosephE322, Expert

The court will look to all the facts and decide what's in the best interests for the children in this specific situation. You can argue for less time then what he proposed. It's difficult to say what the court will do until they hear all the evidence. The court has a lot of discretion.

Customer
Okay
Customer
Okay understood
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JosephE322, Expert

Glad I was able to assist you today. Thank you for using JustAnswer. I wish you the best of luck. If you have any follow up questions about this matter, please do not hesitate to reach out to me.

Customer
Thanks
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JosephE322, Expert

You're welcome.

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