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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 101460
Experience:  Lawyer
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How likely is it father to get 50/50 custody of his child

Customer Question

How likely is it for a father to get 50/50 custody of his child if the mother got Charged for domestic violence? The mother lost her job as a result of this charge. She has been really verbally abusive to the child's father as well.
Submitted: 2 years ago.
Category: Canada Law
Expert:  Debra replied 2 years ago.
I am sorry to hear of this difficult situation.There is no way for me to know how likely it is for the father to get joint custody of his child. I don't know the father or the mother or the situation.This is not about charges or verbal abuse, it's about parenting.The court will certainly consider the mother's conduct and if she is proven to be violent to the point that this would affect the child and her parenting then the court would consider this matter. While domestic violence is always a factor to be considered but it is certainly not the only factor.The court will consider who the primary caretaker of the child has been, what plans the mother and father have in place for childcare if and when they are working, what type of extended family assistance they have and the court would have to make its decision based on what it finds to be in the best interests of the child.So it seems odd that the question is about shared custody. If the father believes that the mother should have the child half the time then it's hard to see how he could then say that because of the domestic violence charge the mother should not have a child all of the time. If the father was seeking sole custody in my view this question would make more sense. Let me know if you need any further clarification.