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Daniel, Solicitor
Category: Australia Law
Satisfied Customers: 5771
Experience:  Bachelor of Laws (dist) Graduate Diploma in Legal Practise. Admitted NSW Supreme Court / High Court
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Does my ex partner have any rights to take away or even have

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Does my ex partner have any rights to take away or even have custody over our daughter, when I (her mother), has being the soul provider and carer of our daughter since she was born? I have never denied him access and since yesterday, when he suddenly turned nasty, he now wants full custody of her and wants to take her away to live with him, when he has no job, no income other than Centerlink payments and no home (currently living out of his car) and is prescribed dexamphetamines and known to drink heavily at times and smokes. Our daughter has a life here, a stable home and family close by, plus she attends preschool and playgroup every week and has everything she needs and wants. In addition, what rights do I have to keep my daughter in this stable life she has - without her being torn between two parents.

Under the family law act, he does have rights to see the child, but in the scheme of things, he will have no real chance of having the child live with him, considering you were and are the primary carer.

He can however ask for weekend contact and the like, at best.

You should propose daytime visits for the child, perhaps on a Saturday from 10 -4.

That is basically the most he shall get.

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