My wife of 13 years is a violent and abusive alcoholic. She has recently removed our son from the home and is hiding with him at a relatives home and he's not allowed to go to school. We all know that husbands get the shaft in custody battles. How can I prove that she isn't fit to be his mother and that I should have custody?
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Answer: First, the longer that you wait to do something the stronger HER case becomes, as she has the child. You need a lawyer to immediately deliver a letter, and then proceed to Court if there is not a fast, satisfactory, response to the letter.
The legal test for custody is the best interest of the child. I need full details of your situation. Depending on your case, in addition to your evidence, we can seek evidence from doctor’s, the police, other friends/family, the CAS, etc. We can also seek to involve the Ontario Children’s Lawyer for an independent custody and access assessment. I really need to speak with you to provide you with an answer that makes sense for you; however rest assured that there is a lot that can be done to assist your custody/access claim.
(The information provided above is general, not legal advice, as circumstances vary from case to case. Thus, if you wish legal advice that you can rely upon for your specific case, please contact Douglas Briand for a free consultation).