I can see that our common-law relationship is nearing an end, and I’m seeking some help and advice from the many experts on this site...
My situation:
- Common-law relationship for 6 years, have a 4-1/2 year-old girl;
- Have sole custody of a 15 year-daughter from a previous marriage since she was less than 3;
- Been living in my house (in my name, mortgage has just been paid off). She has not contributed to anything for mortgage/tax/utilities/phones etc;
- I earn over twice as much as she does (she brings back home about 32K);
- <?XML:NAMESPACE PREFIX = O /><O< div O<>She told me that her lawyer informed her that mostly likely she would get full custody for the little girl because she is small and should stay with Mom. -- Is this true?<O< O< font>
- 1. Does she have a case to get full custody for our common child, as she tells me? What’s the chance of her getting the sole custody (or my chance of getting a shared 50/50)?
- 2. Since the house is in my name, so I guess she needs to find a place to move out. But can she automatically take the 4-year old away with her?
- 3. Will she get spousal support automatically (I think this is what she assumes), and if yes, for how long? Will the court/law approve SS just because she earns less? -- What does the Law say?
Now my arguments for the 50/50 are as follows:<O< div O<>
- Will the court ever consider 50/50 shared custody so that at least the two girls can be together for more time? Even though they are half-sisters, they are fairly close and my elder daughter has been baby-sitting the little one a lot;
- I have been doing a good job with my bigger girl, who is doing very well academically at school and in terms of character developments;
- I have extended family around whereas she doesn’t. My parents and my two sisters’ all live very close to my house. Whenever anything unexpected comes up (kids getting sick), helping hands are always available. Will the court take this into consideration?<O< O< font>
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