My son is 23 years old and his 18 year old ex girlfriend is…

For him to obtain custody, he will need to show cause.

When a child is born out of wedlock there is an assumption that the mother is the custodial parent.

For this to be changed he will need to see a lawyer, and file thge proper petitions in court to have a custody hearing.

Under s. 61(1) of the CLRA, the father and the mother of a minor child are equally entitled to custody of the child. Unless a parent has lost custody of a minor child by order of a court, no court order is required to bestow the right of custody on that parent.

So if she agrees to grant exclusive custody to him, then no court order is required, but a lawyer should still be used.

If she is abusive to herself and therefore the care of the children, the CAS can help (Children s Aid Society).

The courts would rather a child is with it parents over a foster home, and if they find cause to relinquish her of custody, he has an excellent chance f obtaining it, provided the best interest of the child are maintained.

So my suggestion for him is to talk to a Family Lawyer right away, and either commence mediation over the situation or start the petition for sole custody.