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My stepson is almost 11 years old. His biological father is…

My stepson is almost 11...
My stepson is almost 11 years old . His biological father is going after 50% custody now after very little involvement in his life. He has spent approximately 60 days of his life with his biological father. He has reasonable and generous access but doesn't use it much. He has lived with his mother his entire life and with myself since he was 2 and our daughter which is now 7. How likely is the courts going to grant this?
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3/17/2018
Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 106,003
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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.

I would say there is virtually no likelihood that a court would require this child to be uprooted like that when he hardly knows his father. He's spent a total of 2 months out of 11 years with his father. It would not make sense for the court to find it is now in the child's best interests to move out of the only home he knows, away from is mother, sister and you for half the time.

I cannot see how this father could possibly win based on what you've told me.

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.

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Customer reply replied 5 months ago
I should say that he has spent maybe 60 nights with him. There has been day trips and what not. Goes months without seeing him

Well it would still be a very dramatic change and courts don't usually allow that. They really want to maintain a status quo so long as it i working for the child.

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Customer reply replied 5 months ago
Would the courts even implement something like every other weekend or what not...every other holiday?

After 9 years of the father not seeing the child much, I would doubt it and at 11 the child's wishes will be considered as well.

Debra
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Customer reply replied 5 months ago
Thanks for your time

You are very welcome.

Enjoy your weekend.

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