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Best interest of the child

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Anonymous Asked:

If the parent who has maintained "primary custody" since separating, has resided at their parents house rent free, bill free, and regularity does not spend any time with the child due to long school days, and personal plans, is there a chance that the other parent could use this as evidence that perhaps the child may benefit from being in their care instead? The primary parent has no source of income, aside from child tax benefits and child support, which they often argue is not enough and demands more (even though it has been settled by the courts). When the primary parent is unavailable to care for the child, often the aunt (who also lives at the parents home) will unhappily babysit, or when grandma and grandpa aren't claiming divorce and moving out of the home they will babysit, or the school-year daycare provider will babysit.  This is not in the best interest of the child.

The household scenario is toxic and seems to be reflecting in the childs behaviour and mental stability. The other parent offers a 2 income home, a stable 8-4 work day and discipline - something that is not currently at the primary home.

Any feedback would be greatly appreciated.

Expert Comment:

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The answer to your question is “yes.” All of these factors are relevant in determining what the best interest of the child is in relation to custody/access. I would need to speak with you prior to commenting on whether I believe that you have a good case to change the primary residence; however I once again comment that the factors noted by you are positive ones in relation to supporting an argument that the best interest of the child requires that the child spend additional time with you, perhaps even up to primary residence. You are welcome to telephone me at 866-557-3222 for a free consultation.

(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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