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I need advice while I wait to see my lawyer on a custody…

I need advice while...

I need advice while I wait to see my lawyer on a custody issue.

Lawyer's Assistant: Family law varies by state. What state are you in?

Im in canda canada

Lawyer's Assistant: Have you talked to a lawyer yet?

No

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I have an apppointment next thursday with my lawyer. I used her for a basic custody agreement. I am basically wanting to know my rights on a certain situation.

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Customer reply replied 7 months ago
I have a basic shared custody agreement with my ex . My worse fears are starting to come true. His drinking and drug use is getting worse . He has a violent history when drinking. I have avoided fighting in court and given him a chance to rise to the task of being a father. He is involved but I feel he isnt stable.Just a few days ago he punched his now girlfriend in the face in front of TONS of people at his work staff party. He fled from cops and Im not sure where he is now. I dont think anyone really knows. He didnt show up to see his daughter on his days too. He is wanting to take her on his next days off ( he is going to be fired for sure , but he doesnt know I know yet) I am DEEPLY Concerned and do not want him taking her until I speak to a lawyer. I WILL be pursuing a stricter custody agreement. He has a drinking and driving history and has had two breathalizer in his vehicle too. I do not tthink he will be mentally stable at the moment. He cannot process things well or manage his emotions. This scares me . I worry about my daughter going with him. I feel I have just cause to prevent this for now until I can be seen by a lawyer. I just dont want to injure my case.
Answered in 1 hour by:
12/7/2017
Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 105,553
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Hello! My name is Debra (formerly known as Legal Ease). Thank you for your question. I'm reviewing it now, and will post back again shortly.

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I am sorry to hear this.

It there just an agreement but no court order with respect to custody and access?

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Customer reply replied 7 months ago
We have a personal agreement but also did sign a basic court order stating we are shared parenting but for first two years she sleeps over nights with me. No set days or times.

So the court order says you have shared custody and doesn't actually specify access?

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Customer reply replied 7 months ago
We just agreed we would take into effect each others schedules

Then you would not be in breach of any court order by refusing access for now and no one would criticize you as this is a matter of safety.

So until you feel she is safe you cannot send your child to him of course.

And if necessary when your lawyer is back your lawyer can bring an application to the court to seek to vary the current order.

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.

Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 105,553
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Debra and 87 other Canada Law Specialists are ready to help you
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Customer reply replied 7 months ago
Thank you !

Anytime.

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