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Legal Ease
Legal Ease, Lawyer
Category: Canada Family Law
Satisfied Customers: 101387
Experience:  I am a practicing lawyer and have also been an online professional for 5 years.
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I had separated from my ex girlfriend and she took custody

Customer Question

I had separated from my ex girlfriend and she took custody of our son. She moved in with another man and had another child with him. She ended up leaving and abandoning them. I'm trying to get custody of my son and now the man she was living with does not want to give him to me. Finding out what my rights are and what I can do.
Submitted: 2 years ago.
Category: Canada Family Law
Expert:  Legal Ease replied 2 years ago.

How old is your son?

How long did your son live with his step father?

What province is this, please?

Right now, are there any orders or agreements in place about custody or access?

While your son was living with his mother how often did you see him? Are you living in the same city as your son?

Customer: replied 2 years ago.
My son is 3. He was living with him for about 2 years. Alberta. There are currently no orders for any of them. When he was living with his mother I would see him through my family as she didn't want me to come around. I was seeing him a few times a month. I am in the same city.
Customer: replied 2 years ago.
Actually, I am in a town outside the city where he lives. About 30 minutes out.
Expert:  Legal Ease replied 2 years ago.

If you bring an application for custody the court will make its decision based on what it finds to be in the best interests of the child. This means you will have to prove that what you want is best for the child. This may be hard to do since the step father has been living with him for most of his life and where he lives with his sibling is the only home he has known.

It would be best to retain an experienced family lawyer as it is not going to be simple to prove to a court that uprooting the child is in the child's best interests so you need a lawyer who knows how to put your case forward in the best possible light.

What you can do to find a lawyer is one of the following things.

You can contact the Law Society and use their Lawyer Referral Service. You will be given the name of a lawyer and can consult with the lawyer and the first half hour will be free.

The number is:

1-***-***-**** or
***-***-**** in Calgary

Or you can check on a site called lexpert. This is a legal directory of leading lawyers and law firms throughout Canada and is well-respected by the legal community.

Here's the link to their website: