My common law spouse wants to seperate, we have 2 kids. One that is biologically his and one that he’s raised for 6

Expert's Assistant chat
Customer: My common law spouse wants to seperate, we have 2 kids. One that is biologically his and one that he’s raised for 6 years. We bought a home a vehicle while together but he put in just his name. I have no where to go but to my parents house that is 180km away. Can I take my kids to my parents house
JA: What steps have you taken? Have you filed any papers in family court?
Customer: none. This just happened yesterday
JA: Family law varies by province. What province are you in?
Customer: alberta
JA: Anything else you want the Lawyer to know before I connect you?
Customer: what are my rights as a mother
Answered by Debra in 1 min 2 years ago
imglogo
Debra
10+ years of experience
logo

174572 Satisfied customers

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.

logoBack
logologo
Debra
logo
logo
174572 Satisfied customers
logo
10+ years of experience
imglogo
Debra
10+ years of experience
logo

174572 Satisfied customers

Jessica

Jessica

Consultant

31,131 Satisfied customers

Pearl avatar
Lawyer's, Assistant
116 Lawyers are online right now.
img

Debra, Expert

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

Customer
Hi Debra. Thank you very much.
img

Debra, Expert

Please note that the experts don’t text so there may be a bit of a delay. 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.

I am sorry to hear of this difficult situation.

Does your spouse want you to move out with the children?

Customer
He wants to fight over the biological son and says I have no right to take him with me.
Customer
My parents home is a safe place for us right now til I can get my own place as I just returned to work from maternity leave. He says that because I don't have a place of my own, I can't take my son.
Customer
He wants me to move out but leave our son and I refuse to leave my child behind.
Customer
He's offered to give me the house and bills, but there is no way I can afford it on my own at this time.
img

Debra, Expert

You should stay in the house with the kids because you cannot remove the children from the home without his consent or else a court order. When he leaves you will be deemed to have sole custody of the children which is excellent.

You can get a lawyer next week and the lawyer can bring an application to the court on urgent basis for child and spousal support. Later on you'll be able to deal with the division of assets etc.

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.

The number is:

1-***-***-**** or
***-***-**** in Calgary

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?

img

Debra, Expert

Thank you for trusting us to help you here at JustAnswer. I am marking this post as complete. If you would like to ask me more 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.

Customer
Thank you for your help
img

Debra, Expert

Any time.

Ask a lawyer and get your legal questions answered.
See all Legal Questions
img
Related Legal Questions
How it works
logoAsk for help, 24/7
Ask for help, 24/7
Members enjoy round-the-clock access to 12,000+ verified Experts, including doctors, lawyers, tech support, mechanics, vets, home repair pros, more.
logoExpert will respond in minutes
Expert will respond in minutes
After you reach out, we match you with an Expert who specializes in your situation. Talk, text, chat, whichever you prefer.
logoSave time & money
Save time & money
No scheduling hassles, missing time from work, or expensive consults.
A JustAnswer membership can save you significant time and money each month.
img
logo 593 Verified lawyers, 10+ years of experience
DISCLAIMER: Answers from Experts on Askalawyeroncall.com are not substitutes for the advice of an attorney. Askalawyeroncall.com is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response as proposing specific action or addressing your specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances should be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on any information received from an Expert, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains. The responses above are from independent, freelance Experts, who are not employed by Askalawyeroncall.com . The site and services are provided “as is”. To view the verified credentials of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service.
Explore law categories
Powered by JustAnswer