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Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 99980
Experience:  Lawyer
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Someone came to my door and tried to serve me papers. I

Customer Question

Someone came to my door and tried to serve me papers. I wasn't home, so haven't been served yet. I suspect it's my child's father, and he would like to have full custody. I need advice in how to protect my rights as a mother and share custody. He's been keeping my 4-year-old away from me.
Submitted: 8 months ago.
Category: Canada Law
Expert:  Debra replied 8 months ago.

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

Expert:  Debra replied 8 months ago.

I am sorry to hear this.

How long has he had the child for?

What steps have you taken to get this resolved so far?

Customer: replied 8 months ago.
We never have had an actual signed parenting agreement, we've always just worked it out ourselves. Last verbal agreement we made was week on, week off. At the end of last year he stopped cooperating and it started getting more and more difficult to see Kira. Early in October of this year he involved social services. I had gone to a treatment centre for detoxing from alcohol. while I was there I checked in with Fletcher, Kira's dad, and he told me that social services were involved and I needed supervised visits with him there. Since October 6th he hasn't even allowed me to do that.
Expert:  Debra replied 8 months ago.

Did social services say you needed supervised visits and are they saying that still?

Customer: replied 8 months ago.
they've contacted me once and i continued to power call them i missed the meeting due to being sick and sleeping in , iv been trying to get ahold of her because he well not allow me to see her ..
Expert:  Debra replied 8 months ago.

What meeting?

Customer: replied 8 months ago.
to meet the social worker
Customer: replied 8 months ago.
he started off by saying i was allowed supervised visits then it turned to he doesn't wanna risk it because i was trying to compromise with him by saying him and i and our daughter could go to disney on ice together for her birthday he didn't reply didn't give me any answer then when i saw him he said its because he doesn't wanna risk anything then tells me that there all going to disney on ice this was saturday and today there trying to serve me
Customer: replied 8 months ago.
id just like to know what the next step thats best ?
Expert:  Debra replied 8 months ago.

Your best next step, without a doubt, is to get a lawyer.

The longer this goes on the weaker your case becomes.

The father is establishing a status quo where the child lives with him and you are hardly involved. Generally courts do not like to changed established status quos.

So you need a lawyer to take this on at once and for that lawyer to deal with the social worker and make it clear you went to rehab and your child is safe with you and then to proceed to go to court to get an order for joint custody, if possible.

And as you know you are about to be served there is no time to delay anyway.

If you are low income you can get a legal aid certificate to fund this case.

But you cannot wait at all. It will soon be the holidays and the legal system will shut down. If you don't move fast nothing will happen at least until mid-January.

Does that help as a starting point?

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 8 months ago.
Thanks for that, it's a good starting point. Yes, I'm low income so I'll need to ask for legal aid. Should I do that before I even get served? Or should I try to avoid getting served so I have more time to prepare?
Expert:  Debra replied 8 months ago.

You should not at all avoid being served. That will not buy you more time. It will hurt you as they can get an order to serve you in another way.

You should apply for legal aid tomorrow.

Expert:  Debra replied 8 months ago.

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

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