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10/7/2010
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Debra Thal (username) :
His rights and responsibilities are the same as yours.
This child is both of yours. You both have the same rights to custody, access and guardianship and the same obligations to support the child.
If you cannot work this out amicably then you may need to apply to the Court for an order for custody.
The Court would make it's decision based on what it considers to be in the best interests of the child.
It would be a good idea to consult with a local family lawyer now.
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.
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:
http://www.lexpert.ca/Directory/DirectoryContent/FindLawyersOrFirm.aspx
JACUSTOMER-xfdnnc6w- :
So then why is there a difference of who is considered the child's guardian if you are not married vs. being married?
JACUSTOMER-xfdnnc6w- :
Are you still there?
JACUSTOMER-xfdnnc6w- :
Hello?
JACUSTOMER-xfdnnc6w- :
From what I have been researching, I would be the sole guardian of the child and the father would have rights to access. Is this not correct?
Debra Thal (username) :
No.
It's not necessarily correct.
If the father does not do anything that would be the presumption but if the father wants custody or joint custody and/or guardianship he has the same rights to apply and the Court will only look at what it best for the child and not look at your marital status or even your gender.
JACUSTOMER-xfdnnc6w- :
But initially I would be the sole custodial guardian and he would only have parental access rights unless he files for custody/guardianship?
Debra Thal (username) :
Essentially but that doesn't honestly mean much.
And if you needed to enforce your rights, for example, if he took the baby and didn't return the baby to you the police may not help without an order.
So really if you feel there are concerns about this you need to get an Order from the Court.
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