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Debra
Debra, Lawyer
Category: Canada Law
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Experience:  Lawyer
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Will the father of my unborn baby be able to automatically

Customer Question

Will the father of my unborn baby be able to automatically get joint-custody/guardianship if there's history of abuse/violence and we've separated before the child's born?
Submitted: 1 year ago.
Category: Canada Law
Customer: replied 1 year ago.
I know it would have to first go to court if I don't acknowledge him on the birth certificate but I'm wondering how likely it would be for him to receive anything other than supervised visitations if it eventually did go to court, which it will. Breastfeeding and attachment are very important to me and I can't imagine having a new baby given to the father for nights/weekends etc. The safety of my child is also another huge concern, I was told by both the ministry and police to change my number and cut off communication because of his threats and unstable behaviour. I'm on the Canadian protection order registry for death threats/criminal harassment by a previous ex. The father of my unborn baby decided to contact this person and risk our safety in order to scare me into communicating. I've never been so stressed in my life.
Expert:  Debra replied 1 year ago.

I am sorry to hear of this terrible situation.

The father would have to prove to the court that what he wants is in the best interests of the child.

And there is no likelihood that the court would give overnight access when there is a nursing baby.

If the court found that it is best for the child to have this father involved in the child's life regularly that idea would be that the visits would extend in duration and possibly frequency as the child gets older and by then you would have more evidence in terms of how he can parent.

For now, especially given how stressed you are it would make sense to consult with a family lawyer so that you will have a lawyer ready to act if necessary.

Expert:  Debra replied 1 year ago.

Thanks for this rating.

That is what I was trying to tell you all along.

But if you would still rate the question from the summer that would be great too.

Customer: replied 1 year ago.
I never asked a question in the summer?
Expert:  Debra replied 1 year ago.

Sometimes there is a glitch and an answer meant for one post, posts on another.

That post was not for you. I am sorry about that.

In fact, I have had no rating at all so I have not yet thanked you.

Please do rate me now as I cannot get credit for my work until you do. When you rate me that site can then release to me my portion of what you paid them.

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