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I live in Nova Scotia - We have a two year old girl, not…

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I live in Nova...

I live in Nova Scotia - We have a two year old girl, not married, have a mortgage as well as about 43000.00 in credit card debt. My mother bailed me out of my portion recently. My partner 's lifestyle has not changed much - he still plays cricket, smokes, drinks and he is sensitive to alcohol which means he gets mean and angry after two beers or two glasses of wine. My relationship has become extremely psychologically abusive. I am vigilant in protecting my daughter from hearing his yelling and berating attacks but it is difficult when he refuses to stop when asked. He has shown himself to be immature - throws tantrums literally if we talk about my concerns over his smoking and drinking. He lies about smoking. He blames me for everything wrong in our relationship. I found out that he is on a dating site this past week, and has two dates planned for this coming week. I am confused, distraught and worried about my daughter. I could go on..My question is: If this comes to an end because i decide that cheating is THE deal breaker here, and we cannot succeed with counselling, can I insure that ANY visitation is supervised - he has two DUI's and I am still breastfeeding and plan to for another two years. His family appears to be decent on the surface - they have instigated much of what is wrong between us and behave badly in front of the child. My ONLY concern is my baby girl.

Lawyer's Assistant: Have you talked to a Nova Scotian lawyer about this?

No not yet...But I was hoping to see someone perhaps this week?

Lawyer's Assistant: What steps have you taken so far?

I went to Citizens Against Spousal Abuse last week, because I needed to speak to someone about the abusiveness. My mother founded that organization in 1991 - she certainly never thought I would need their services.. I have been going to an ND also for nutritional support because i am exhausted and she identified that I am overly stressed - that's all though - I know I need to speak to a lawyer but I was hoping for an answer here

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

He also a criminal record from the navy - he was expelled for trying to buy cocaine..I am concerned for the child's over all safety- I am also worried that this situation will escalate as my mother is...I also don't know when to confront him with all of this..or how.

Submitted: 8 days ago.Category: Canada Law
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Answered in 2 hours by:
7/8/2018
Lawyer: Debra, Lawyer replied 8 days ago
Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 105,483
Experience: Lawyer
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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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Lawyer: Debra, Lawyer replied 8 days ago

I am sorry to hear of this difficult situation.

Are you asking about whether it is likely that you can get sole custody and the father can get only supervised access?

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Customer reply replied 8 days ago
The child is still breastfed for one thing, he seems to be having more difficulty controlling his drinking although he doesn't drink in excess ( quantity) it is that only two beers for example make him angry. and he HAS driven while drunk. with two DUI's under his belt. and his family, although superficially a suburban dream, work hard to make everything difficult, her birthday party was a recent episode.
Lawyer: Debra, Lawyer replied 8 days ago

Your child's nursing doesn't mean he needs supervised access. Supervised access would not be with you supervising it.

It is very rare for a court to order supervised access. There has to be compelling reasons why a child could not be with their parent without a stranger or at times an extended family member present.

If you can show that he may hurt or place your child at risk if he is alone with her then you may succeed in getting supervised access. You would have to show why is family supervising the access will not be in the best interests of the child.

This would mean the father would have regular access at a third party agency that supervises access. This is where you child would spend time with the father. But then it would only be until there is enough evidence provided by the father that the child is safe etc.

Do you see what I mean?

It is really vital that before you take any further steps you consult with a family lawyer face to face.

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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Lawyer: Debra, Lawyer replied 7 days ago

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

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