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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 101060
Experience:  Lawyer
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I am divorced from a wife I was married to years. We have

Customer Question

I am divorced from a wife I was married to for 3 years. We have one child together which I have legal sole custody of but have 60% of time. I obtained sole custody because of drug abuse of mother. Child services removed children from her care in 2014, I had both children for 8 months. She had a child before I was married, so there are 2 kids. I have no legal right to one but have her 60% of time as well. I may be forced to move for work to BC. I have been employed with company for 11 years. I have a letter stating my employment requires the move. The move is to the city we were both raised in where both our families still are, and is 6 hours closer to th biological father of the other child. The biological father has significant worries about the mothers past addiction if I am not with children 50%+ of the time. My ex-wife has a common law husband who is also a recovering drug addict who has a criminal record for various drug offenses. Would I have any case to force ex-wife to move who is unemployed and doesn't own a home? The common law husband has only had a job for a year.
Could I or/and biological father of force a move of ex-wife?
Could I take child I have sole custody of?
Submitted: 1 year ago.
Category: Canada Law
Expert:  Debra replied 1 year ago.

You could not force the mother to move.

The issue is whether you can convince the court to allow you to move the children.

And having sole custody does not give you the right to move the child.

Rather, you will need to get a court order unless the mother consents.

You will have to prove to the court that what you want is in the children's best interests.

Given your post your case is stronger than most so it is possible though not at all definite that you could succeed.

Does that help?