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Tom B.
Tom B., Barrister & Solicitor
Category: Canada Family Law
Satisfied Customers: 78
Experience:  25 years in practice.
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Mother has a child 15 years of age. No court order or

Customer Question

Mother has a child 15 years of age. No court order or agreement exists between them. Father was involved minimally before the child turned 1 year of age, but has not seen the child since.Mother's last contact with father was approximately 3 years ago via social networking, during which he made no mention of seeing daughter seriously, just whimsical mention that he missed daughter and mother.Mother is aware that father owns assets and continues to reside somewhere in same city but currently has no other option for communication.Mother is wondering what the odds are of obtaining child support and possibly arrears for the benefit of her now teenage daughter.Also mothers boyfriend of 3 years wishes to adopt daughter. There is no father listed on birth registration as father refused to sign at the time of child's birth.Would the father have access rights still after this many years or could the adoption proceed? The child is adamant that she wants to be adopted by mom's boyfriend.
Submitted: 24 days ago.
Category: Canada Family Law
Expert:  ulysses101 replied 24 days ago.

Hello, thank you for the question.

In what province is this taking place?

Customer: replied 24 days ago.
Expert:  ulysses101 replied 24 days ago.

And are mother and the boyfriend going to get married? This is quite important in reality.

Customer: replied 24 days ago.
We do plan to yes. No date set for the wedding however.As my daughter is 15, is that not a decision making factor in itself.What abou the child support from her biological?
Expert:  ulysses101 replied 24 days ago.

This is a two part question, so let's address the support issue first.

Has the father ever committed in writing to pay child support? Did he ever actually pay anything?

Her odds of getting ongoing child support are excellent. Father has an obligation to pay. It's the retroactive support that's problematic.

And looking ahead to the adoption issue, if mother offered to father no support obligation ongoing or retroactive, he's much more likely to consent to the adoption proposal especially if he has no real ongoing relationship with the child.

Having said that that, one has to wonder what the advantages are to adopting a 15 year old. Have you thought of that objectively?

Expert:  ulysses101 replied 23 days ago.

I'm still here to discuss the matter, shall we continue?

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