Can I get sole custody without separating from my wife?

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Can I get sole custody of a without separating from my wife? She refuses to follow doctor's orders regarding my 3 year old daughters care, as one example. My wife works and I currently care for our daughter now but she is always upsetting the house with a refusal to adhere to care directions.

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Andrew J. Kania, LL.B., LL.M.

9 years ago

The concept of obtaining an Order for custody assumes that the parties have separated and they are now attempting to determine their rights on all issues, including custody and access.

It may be possible to seek a Judge’s Order with respect to certain issues without separating from your wife; however I would need to speak with you to obtain further details before forming an opinion, such as regarding the nature of the doctor’s orders and how serious they are. You are welcome to contact me at 877-668-9386 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 Douglas Briand for a free consultation).

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