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Legal Ease
Legal Ease, Lawyer
Category: Canada Family Law
Satisfied Customers: 99966
Experience:  I am a practicing lawyer and have also been an online professional for 5 years.
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I caught a two-night stand girl dipping her fingers in my

Customer Question

I caught a two-night stand girl dipping her fingers in my used condoms after sex then putting it inside of her to get pregnant. I grabbed it from her and flushed the condom thereafter. It's currently 9 months after, and she posted a picture on Facebook with her new born child that looks exactly like me!! Since the event I talked to her once or twice 6-8 weeks after, that's when she called me saying that she's pregnant but she wasn't sure if it was mine or another. I told her that's impossible it's mine from that tiny event but unfortunately I was wrong (still not 100% sure but that kid looks like me). I'm a surgeon and she's a gold-digger that's incapable of taking care of a child! What are the laws (Quebec) in this situation? Support of child? Custody? Can she take money from me? Can I take full care of the child? Mother is crazy/insane/superficial/gold digger/selfish/uneducated/full of plastic surgery/does drugs and I definitely wouldn't want her to be involved with the child care? I don't mind having a child but I do mind dealing with her! I wouldn't want to deal with the child at all if she's having some form of impact on his life growing up. What are the possible situations in such case? What's the worst and best thing that could happen? Please give me all possibilities.
Thank you
Submitted: 11 months ago.
Category: Canada Family Law
Expert:  Legal Ease replied 11 months ago.

Hello! My name is***** you for your question. I'm reviewing it now, and will post back again shortly.

Expert:  Legal Ease replied 11 months ago.

I am sorry to hear that you are in this difficult situation.

Your first step would be to demand a paternity test.

If you cannot get her to agree a court will order it

If the child is your child then you will have to pay child support if the child lives with the mother.

In terms of custody and access, your rights are the same as hers.

But even though she is a disgusting person she won't lose custody of the child unless this affects her parenting.

So it may be that you will be looking at joint custody.

Your best next step would be to retain a family lawyer.

Does that help as a starting point?

Please feel free to post back with any follow-up questions you may have. If you don't have any then I hope I have earned a 5 star rating but if you don't feel that I have please don't hesitate to reply back and let me know what more I can do to assist you. Finally, please know that even after you rate me I will be here for you and you can ask follow-up questions if you think of them later on at no further charge of course.

Customer: replied 11 months ago.
what if I don't want to deal with it at all? What makes her a poor parent in the eyes of the law in Quebec?
Expert:  Legal Ease replied 11 months ago.

No one can force you to be involved in the child's life but you can be forced to pay child support.

The court will make its decision based on what it finds to be in the best interests of the child.

Poor parenting is all about the facts. You would have to see how she parents and whether she neglects the child before you can really know if you could get sole custody.

It is rare for a child to cut off all parental rights so that is not going to happen.

And don't forget you are a terribly busy man and how would you be able to take care of this child full-time?

Do you see what I mean?

Customer: replied 11 months ago.
She had a one year of fame in Quebec while doing a reality show, she's known to be crazy on TV. That also scares me because I'm a surgeon and my reputation may get lost with all of this. I'm also from the middle east and the rules are extremely different there, she had her baby in her country and will bring him soon to Quebec, what laws are going to be for this case? I'm here only for another 2 years then back to my country and she's not Canadian.
Expert:  Legal Ease replied 11 months ago.

The law is that the court in the jurisdiction where the child habitually resides as jurisdiction over the child.

So once she moves back here you should immediately get the paternity test and then start figuring out what you want and proceed to court if she will not agree to what you want.

Customer: replied 11 months ago.
I have the money, a stable girlfriend and the family to help me with the child. She literally lives on gold-digging guys on a daily bases. What court will see her as a good parent if she can't support herself? And when you talk about financial support from my side, how much would it be if its shared? Because I don't think she has a job
Customer: replied 11 months ago.
You don't understand how much the kid looks like me! I'm pretty convinced that he's mine.
Expert:  Legal Ease replied 11 months ago.

If custody is shared the court will impute income to her and base support on that.

So you would put in evidence support your position that she can be employed.

Here is a link to the child support calculator that is 100% accurate. You would put in your income and then also do that for what she an earn and then you would pay the difference between the two support results. I am assuming your income would be higher.

The court will not ever make a decision based on financial matters as the other parent has to pay support anyway.

You need a paternity test fast because you clearly need to know if that cut little guy is yours. I am assuming he is cute of course!

Expert:  Legal Ease replied 11 months ago.

Sorry. I forgot the link.

One minute please.

Customer: replied 11 months ago.
Thats not bad at all! It's crazy how one stupid event in your life can change everything! I also wanted to ask with regards ***** ***** custody, how does the court decide the amount of time the child will stay with each parent? would it be possible that child only visits mother one day/week? or one day/month? That way no crazy influence from a crazy person
Expert:  Legal Ease replied 11 months ago.

If you have shared custody then it is usually 50/50.

If the child lives with you mainly she would normally see the child at least on night during the week and every other weekend. But that always depends on the facts. If she is a very poor mother you may be able to limit that.

Customer: replied 11 months ago.
Would it be legal if she settles for money in court?
Expert:  Legal Ease replied 11 months ago.

Yes but she can change her mind because support is the right o the child.

Customer: replied 11 months ago.
What if I don't do anything at all? Then she comes in 10 years asking for support? Will it be in a retrospective manner or the support start from the day she requests?
Expert:  Legal Ease replied 11 months ago.

The support will likely not be retroactive unless she cannot locate you.

A court will go back 3 years at the most.

Customer: replied 11 months ago.
I'm still going crazy!! Sorry! The child support money goes to her? or I pay it for things I think that are important for the child? Because she's a crazy girl that will spend the money on herself
Customer: replied 10 months ago.
Can I sue her for self-inseminating?
Expert:  Legal Ease replied 10 months ago.

The money goes to her.

The only way you can deal with how she spends the money is if you can show neglect. Otherwise she can do what she wants with the money.

You cannot sue her for self-inseminating.

Expert:  Legal Ease replied 10 months ago.

Is there anything more I can help you with at this point in time?

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