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Ulysses101
Ulysses101, Lawyer
Category: Canada Law
Satisfied Customers: 3361
Experience:  11 years experience in Canada family law, plus criminal, civil, and employment
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I need some help my fiancé cheated and left myself and his

Customer Question

I need some help my fiancé cheated and left myself and his two year daughter fighting me for fifty fifty custody .he lives with the woman he lives with the women he left us for she owns a house as of a month ago. other than that they were living place to place and partying .I have had our daughter full time since birth we have been to court several time our daughter is now two he has seen here on and off the past eleven months,weekend visits.she usally calls to come home early.he works full time that why we went for weekends so they can bond.but now he wants her to raise her full time for his granted ten days at atime while he is working long hours and will only have sunday off,she also wants to bring her to her daycare where she works,my daughter has never been to daycare as of yet I was always stay at home parent,,,help me why should I give my daughter to her full time this is between our daughter and her father she has nothing to do with full time raising our child she is young and not a parent herself.help me please I'm new at all of this.....
Submitted: 7 months ago.
Category: Canada Law
Expert:  Ulysses101 replied 7 months ago.
Hello, thank you for the question. It's understandable that you need help with this situation. Let's start with you telling me some more information.What province are you in?The order which was made by the court, do you have it with you? If so, does it say anything about custody, guardianship, or primary residence?Did you agree to father getting 10 days per month?Do you have a lawyer?
Customer: replied 6 months ago.
I have a lawyer yes but I do not feel he is fighting for me, the father works 60 hour work weeks and is home late and leaves at 6 am , he was doing every two weekends worked out because he was there . But now his girlfriend the woman he cheated on and left me for works at a daycare that they put her in without my consent . And she will be there at home with her after and before daycare she will be raising our daughter while he is gone he was granted ten full days out of a month . I'm a stay at home mom until college in sept so why should I send her there if he is not there . Our daughter and her know eachother but only for short time and never been with her without dad . Please help me I have to give her to him today at noon . I'm young and this is first time for me so I'm feeling lost !!! I live in Grimshaw Alberta ( peace river) he also lied about being sober four four months was spotted they were in the bar till closing last nite saw pics on facebook bout half hour ago . And he's picking her up at noon please help me I feel like she not in a place that is for her safety nor best interest . He is also very close with his grandmother daily basis momre than him since birth and he refused her to call her grandma when she was visiting.
Expert:  Ulysses101 replied 6 months ago.
Nice to see you back. Before we continue, have you taken care of those other two threads? You should ask customer service to close them, and if you put a deposit to the site for either then you can ask for that back. I see that you're on a subscription, so if one or both of those questions were posted under your subscription you want to close those threads and ask that they not count towards the question limit for your subscription.So, let's stick to this one thread. You're working out how to use the site I hope?And let's get back on track about your legal issue. What's your next court date, and for what?What makes you think that your lawyer isn't taking your instructions? Have you retained the lawyer through the legal aid program or are you paying the lawyer directly?Did you agree to the arrangement where he gets 10 days per month?
Expert:  Ulysses101 replied 6 months ago.
I'm sorry, I don't know if you requested a phone call or if the site is pushing it on you. I don't do phone calls. It's contrary to my Law Society's rules as this site isn't a law firm. It's better for you to have it all in writing anyway. When you're in a convenient place to type, let's continue.
Customer: replied 6 months ago.
Hello I paid for phone conversation so much I need advice on and not good on computers , we need to talk can I get your number
Customer: replied 6 months ago.
I just need a number than I will call u please
Expert:  Ulysses101 replied 6 months ago.
I don't do phone calls, and I don't know of any Canada law experts who do them regularly. If you like I'll opt out as your expert and we'll see if anyone else picks up the question thread?It's better for you to have our discussion in writing anyway so you can refer to it later. You're on a subscription apparently which is good so you haven't paid any extra. What would you like to do?
Customer: replied 6 months ago.
Thank u too respond ok ,,, so first question . I was granted primary guardian with him getting ten straight days with our three year old . He has said he works long hours and barely home , the woman he cheated and left if for lives with him , she works at daycare so they bring her there , but I live rite here and I want to see her instead of taking her there , I'm going to appeal decision I m in the process of the appeal have thirty days to do so ,, first rite of refusal I should be first to watch her if he can't ? Is that rite I'm in Alberta remember . I will do one question at a time k maybe that better . So do I have the rite to be first one to watch her while he's at work
Expert:  Ulysses101 replied 6 months ago.
You have that right if the court order gives you that right. If the court order says that the child is to be in father's care for ten days per month then that's the order. And father doesn't have to be there all the time during those ten days unless the order says so.A "right of first refusal" on babysitting isn't unusual. I had asked earlier whether you had agreed to the 10 days per month. Was that order made with your consent? If so then it will be difficult to appeal.
Customer: replied 6 months ago.
I actually wanted to gradual have her the ten days because they were doing second weekend and he missed a lot of times and after two nights sleeping there she wanted to come home and cried so he would bring her back , five days to start so she could have an adjustment period , she has been there six days after the third nite she wanted to come home we have never been apart . Also if I'm primary person should I not have to sign the paperwork so Iam also an emergency contact incase anything happens he was barely home and I did all medical issues and things concerning her no one has even asked me about her medical background she actually works there that how he got her in there . She also the one who does all daily needs for her because he leaves at 6 am not home till 8 pm if I'm rite here ,, can I not have her instead of her this visitation is for her and her father to bond not some other person ?? Sorry if I come across rude I'm just unknowlegable in all of this and do not understand how this woman has my daughter more than him or me ??? Frustrated and sad for our daughter because she wants to be with me and is being told no from them it's like her feelings do not matter
Customer: replied 6 months ago.
Is that 79 dollars for a month calling for advice ?
Customer: replied 6 months ago.
I'm a stay at home mom always with her
Expert:  Ulysses101 replied 6 months ago.
I'm not a site employee so I can't give you details about what your subscription includes or not. I can't see your account. All I can tell you is that this is a US based website and it's not a law firm, so my law society rules say that I can't be giving legal information over the phone anonymously when the customer is likely to think that they are getting specific legal advice. Don't worry about coming across as rude. Just take your time to express what you want to say and to answer the questions I have for you. Then I can help you better.Do you have your court order there? Can you tell me what it says if it isn't too long?You talked about bringing an appeal. Do you have a lawyer? Did you consent to the order you have now?
Customer: replied 6 months ago.
I'm sorry maybe I'm wasteing your time I'm in peace river Alberta so I need Alberta law . I had a lawyer who did not bring any if my evidence to court and I feel did not represent me properly me not knowing anything just trusted he did ,,, he still did not draft the court order so I'm waiting ,, I am going to represent myself for my appeal ,, all I want is to have her when he is not there the visit is granted to ( for) him to bond with her if he is not doing so than why should I lose my percious time with her and give it to someone else that is not family , in court she was a witness and lied on stand so did he in my package my lawyer was to bring to court for trial I had evidence to show the lies ,, we did not know there were witnesses either until that day I feel was not represented proper in court , I have 30 days to appeal his decision so I'm doing so trying to research as much as possible on my rites
Customer: replied 6 months ago.
Please keep in mind these two have only seen her like ten times in last 11 months and I made sure she had visits because she loves her dad and important but not for her to raise my daughter the visit is for him does not make sense to me the every two weeks worked well because he was there full time with her on the visit this feels wrong .. And our daughter is not understanding why if daddy not there she can't be with her mommy
Expert:  Ulysses101 replied 6 months ago.
Don't worry about wasting my time, I'm on here anyway.I'm going to opt out as your expert. You need someone with experience in Alberta appeal matters. I don't know if there's anyone on this site like that, but you'll have to wait and see.
Customer: replied 6 months ago.
ok so I'm in wrong area I need Alberta law

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