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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 100964
Experience:  Lawyer
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Will a parent have the opportunity to reinstate thier

Customer Question

Will a parent have the opportunity to reinstate thier parental rights if the judge ordered that?
Submitted: 11 months ago.
Category: Canada Law
Customer: replied 11 months ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  Debra replied 11 months ago.

Hello! My name is***** you for your question. I'm reviewing it now, and will post back again shortly.

Customer: replied 11 months ago.
Thank you
Expert:  Debra replied 11 months ago.

Please start at the beginning and give me all the facts.

I will also need the age of the child(ren) and what level of court this is.

I will reply back after I finish a meeting that will be starting shortly.

Customer: replied 11 months ago.
I am worried that my husband will go for some custody and that I will lose custody. I committed infidelity which he had forgiven. Many times. I have not gone to court
Customer: replied 11 months ago.
Children are 8 and 3
Customer: replied 11 months ago.
What else would you like me to state
Expert:  Debra replied 11 months ago.

I am sorry but I cannot speak to you on the telephone. I know the site offers this service but the site is based in the US. As I am a lawyer in Canada the rules of my law society prohibit me from speaking to you on the telephone as you are not my client.

I can only speak to you by posting up and back over this site.

Expert:  Debra replied 11 months ago.

Who has been the primary caregiver of the children?

Customer: replied 11 months ago.
I am the primary care giver. My husband is the breadwinner although I work as well. I am dependent on him financially.
Customer: replied 11 months ago.
He has more family support than I do. My father is a retired man requiring more assistance due to his geriatric mental health issues. My sister is not supportive of my situation. I have no other family that I can depend on for support.
Expert:  Debra replied 11 months ago.

Your adultery has no relevance whatsoever unless is impacts on your parenting.

And your financial situation is also not relevant. If you have custody he will have to pay child support and will likely have to pay spousal support as well.

The court will not care about the reason the marriage ended. It has no relevance.

I don't see why you would be the least bit worried about losing custody based on what you have told me.

Is there some other reason that worries you?

Please feel free to post back with any follow-up questions you may have. If you don't have any then I hope I have earned a 5 star rating but if you don't feel that I have please don't hesitate to reply back and let me know what more I can do to assist you. Finally, please know that even after you rate me I will be here for you and you can ask follow-up questions if you think of them later on at no further charge of course.

Customer: replied 11 months ago.
I do not have sole custody. I am seeking part or joint custody. What would I require to give proof that I am fit to be with my children as their parent. I have had previous suicide attempts and also on medication for depression and anxiety. I have sought consistent counselling and I also have had manic episodes of sexual indiscretions. I currently am d and d free but I have retested for the basis of this separation/divorce. I am not a drug and alcohol user I employed but seeking new career through enrollment at university. I am solely responsible for my financial situation for education. I want to leave my current place of residence from him but scared I will lose my assets that being the home as it is in his name. My kids are what I value. Please let me know how that impacts my case.
Expert:  Debra replied 11 months ago.

This only impacts on your right to custody if your mental health affects your parenting.

If you can show through medical evidence that you are now stable and the children are safe with you then your past mental health issues will not likely matter.

It is not a good idea to move out or alter the status quo in any way until you have retained your own family lawyer and received advice.

Customer: replied 11 months ago.
I have retained a lawyer for collaborative law. I however didn't realize the impact my health would be on my children and custody of them.
Expert:  Debra replied 11 months ago.

Collaborative law doesn't always work and if you both want sole custody it may not work.

You may need to litigate and bring in medical evidence.

Customer: replied 11 months ago.
What would work in my favor? Medical evidence stating that I am good to parent my children?
Customer: replied 11 months ago.
Character references?
Expert:  Debra replied 11 months ago.

In your case you will need medical reports.

I have to go offline for a few hours now (it is the Jewish New Year) but I will be back in a few hours.

Expert:  Debra replied 11 months ago.

Is there anything more I can help you with at this point in time?