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Legal Ease
Legal Ease, Lawyer
Category: Canada Family Law
Satisfied Customers: 100434
Experience:  I am a practicing lawyer and have also been an online professional for 5 years.
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I am a single Mom. My children are 3 1/2 and 11 months old.

Customer Question

I am a single Mom. My children are 3 1/2 and 11 months old. I am a Massage Therapist just trying to get back to work currently on OW. The father of my children does not have steady employment. He works for himself. We do not live together. He picks up our older son and takes him for visitation sometimes overnight. He lives with his Mother who takes in special needs children. He is threatening me that he is going to take the children 50 percent of the time and not pay me anything. I am not comfortable with my children in this environment. I need him to pay child care so I can keep my apartment and provide for my children. I am in the process of returning to work and plans are to do so in August. I have a child care that will take my son at one year old and I have paid the deposit to hold this spot. I am currently working with my past employer and two Spas to get back to work. Can the father of my children take my children 50% of the time. I also suspect the father of my children to be bipolar but he will not seek assessment.
Submitted: 2 years ago.
Category: Canada Family Law
Expert:  Legal Ease replied 2 years ago.
The court will consider the best interests of the children when asked to make a decision about custody. The court will not consider financial matters and certainly will not grant you full custody so that you can get enough child support. You would have to prove to the court why what you want is in the children's best interest. If you have been the sole caregiver for your children then your case will be very strong. If you can prove that the father has mental health issues that do not allow him to parent adequately that would also help you. Regardless of where the children live both parents must contribute to child care costs. So even if the children lived with him half the times and the child support he might have to pay you would be reduced his obligation to pay for child support for you.

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