My common law wife of 10 years and I broke up 2.5 years ago. I paid her spousal support in a lump sum but not child

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Customer: My common law wife of 10 years and I broke up 2.5 years ago. I paid her spousal support in a lump sum but not child support. I owed her son as my own (he was almost 4 when starts cohabitating). He is now almost 16 (was 13 when we split). His Mom has been extremely inconsistent in allowing g us to visit over the past few years. He turns 16 in A couple of months. Can he legally come live with me against his mother’s wishes? She is sole guardian (his biological father is out of the picture). We both live in BC.
JA: Has there been a change in financial circumstances? Or a remarriage?
Customer: No
JA: Has a petition to modify been filed?
Customer: no. Finding out options
JA: Anything else you want the Lawyer to know before I connect you?
Customer: there was no agreement between us at the separation in regard to Justus
Answered by Debra in 5 mins 2 years ago
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Debra
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Debra
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Debra
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174572 Satisfied customers

Jessica

Jessica

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Debra, Expert

Hello! My name is Debra (formerly known as Legal Ease). Thank you for your question. I'm reviewing it now, and will post back again shortly.

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Debra, Expert

I am sorry to hear of this difficult situation.

There is no law that says your son can move into your home at 16. That is only true in Ontario.

But what is very clear is that there is no way to force your son now or at 16 to live where he does not want to live. The police will not force him back to his mothers. They will check to see if he is fine and where he wants to be that is all.

A court would not likely make an order against the child's wishes at this age and even if it did it would not matter so long as this is clearly coming from your son.

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
I would give a 5 star rating as the answer was timely and clear. I would like to confirm that as his step dad (with no legal rights), he could choose to move in with me. What about decisions such as medications, schooling, etc. How would that work should his Mom choose not to cooperate with his wishes? Also, from what I understood, he wouldn't have to wait until he was 16 to do this? If we wanted to implement this, what are the steps he and I need to take?
Customer
I may switch to phone calls if this moves to the next level.
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Debra, Expert

He can essentially vote with his feet.

If the mother won't sign off on school forms or there becomes an issue with medical concerns you could seek a court order.

Really your son should just tell his mother he wants to live with you now and that is what he intends on doing.

For the actual rating please use the mobile app of JustAnswer, and log into your account to rate my answer, or use a desktop and go to justanswer.com. The rating cannot go in through text.

Thanks

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