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uncontested sole custody, no marriage

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  • uncontested sole custody, no marriage

    Hi,

    My bf and I were never married or common-law partners. He lives abroad and has never visited to see the baby since she was born about a year ago. I would like to ask for the sole custody of the child and he will not contest. Do I still need to hire a lawyer or can I do it by myself. I live in Quebec.

    Thank you in advance for any advices.

  • #2
    Have you discussed Child Support ($$) with your bf?

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    • #3
      I will not ask for child support.

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      • #4
        I guess I should have said "my ex-bf".

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        • #5
          To get an order for custody your ex-BF will need to agree to an order for child support. The courts will not let you waive your child's rights. You don't need a lawyer but the process is difficult so I wouldn't recommend it.

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          • #6
            Thank you so much for a quick reply. I will get a lawyer in that case.

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            • #7
              Out of curiosity, why do you need an order for custody, considering you seem to appear to be defacto on acquired consent. I realize the Quebec civil system is different, but how is it different.

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              • #8
                It seems like I might get into trouble when traveling abroad alone with her if I don't have the sole custody. They say I will have to carry a document saying that I have the sole custody, otherwise I might have to ask my ex's permission every time I travel abroad. Is this true? I think it also depends on the country I travel to, but I shouldn't take chance because I don't know which country will be a problem.

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                • #9
                  Is your ex named as father on her birth certificate? If not, it makes your life a whole lot easier.

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                  • #10
                    I know, but he is declared as the father.

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                    • #11
                      And the other thing is that you are better off having a consent order executed while you are both on the same page. You may always agree on custody but you may not. Why take the risk.

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                      • #12
                        I agree that I would be seeking a consent order...even in Quebec...but he does have a legal financial responsibility to your child, and most court's will not waive that unless you argue the inability to enforce it extra-jurisdictionally. If there is an order in place and he does not pay, it can result in a criminal offense that would affect his ability even to enter Canada.

                        Good Luck!

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                        • #13
                          Would he/you consider officially giving up his parental rights? Just something to consider. It would mean that the CS issue is forever (?) buried.

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                          • #14
                            nope...only way a person can give up the right is for another to absorb it (aka stepparent)...the court's use the "best interest" test, and waiving parentage is not in best interests...unless there has been abuse.

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                            • #15
                              That's interesting. What happens if we agree on child support and I get the full custody, but I don't necessarily insist on getting the payments. Will the court know? How do the court know that the payment is not being made unless I file some kind of complaints?

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