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Any time limit to filing for child custody?

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Anonymous Asked:

The father of my child initially began to seek custody then stopped saying she was too young to be away from me,
which was true as she was a newborn. She is over 18 months now and he hasn't made any further attempts yet. Is there a point where he's waited too long....any time limit to filing for child custody?

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Thank you for your question. You have not provided enough facts, such as whether the father has been seeing the child and if so, how often and on what terms, such as supervised, overnights, etc. I invite you to telephone me at 866-557-3222 for a free consultation. I will comment that if the father seeks a Court Order for some type of access then, unless there is something significantly wrong with him, he will obtain some type of access. The issue is how often and under what circumstances, once again supervised, overnight, daytime, etc.

I will also comment that the longer that he takes to make a claim the stronger your position is, until the approximate age of 12 and over where the wishes of the child may govern.

(The information provided above is general, not legal advice, as circumstances vary from case to case. As well, generally speaking, the above information relates to Ontario law. Thus, if you wish legal advice that you can rely upon for your specific case, or if you are making inquiries where Ontario law may not apply, please contact Andrew Kania for a free consultation).

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