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Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 99931
Experience:  Lawyer
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My husband has cheated and as a result there is a child. The

Customer Question

My husband has cheated and as a result there is a child. The women has another child from another man that was created the same way in a different country. She fled the previous country and took a child away from the father. Knowing all that my husband stayed with her during the last trimester of her pregnancy as he wanted his child. Now that the child is born and has my husband as a father how and what rights he has on the child if he moves away from her.
Thank you.
Submitted: 1 year ago.
Category: Canada Law
Expert:  Debra replied 1 year ago.

When about him moving away from her, do you mean what if he moved away from the country that the child is in?

Customer: replied 1 year ago.
Away from her only. The child is Canadian and so is he
Customer: replied 1 year ago.
The women is not, just got accepted as a refugee and her older child was declined the status as is is UK citizen
Expert:  Debra replied 1 year ago.

So are you asking about whether he could not live with the mother and still have custody or access to the child?

Customer: replied 1 year ago.
I am asking what rights to the child that was born outside of the marriage he has in Quebec and what she can do to prevent him from his rights.
Expert:  Debra replied 1 year ago.

Whether the child is born outside of marriage or not does not matter from a legal perspective. He has the same rights to custody and access as any other parent would have. He also has the same obligations to support the child.

So he can seek sole or joint custody or access though it would be very difficult to gain sole custody of an infant.

His next step should be to consult with a family lawyer face to face in your city.

Does that help as as starting point?

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