I need to leave my partner, but there are health concerns

Anonymous Asked:

I’m not marry and I’m separating from my partner. We have a 3 year old kid. My partner suffers of depression.. I have giving her many chance to agree on custody by common agreement but he refuses to discuss. He want full custody even though he cannot take care of the kid, when he has done it, he sleeps while the kid watches TV all day (I’m at work). He does”t have any income other that government help… I want to leave the apartment but I’m afraid he could accuse me of kidnap… And the worst is that he decide to do a hunger strike if I don’t leave the kid with him… Please help. My lawyer is not available for consultation for another week and we really need to leave this house….

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Andrew Heft

11 years ago

The issues you bring up are complex and not all legal and you will need to consult with your lawyer. What I can confirm however is that you will not be accused of kidnapping your child if you leave the apartment and your spouse. Kidnapping involves hiding the child from the other parent or leaving the province or country with the child. Unless there is reason to hide your new location from your spouse, you are free the leave with your child and live in a separate home from your spouse. I do recommend you seek a custody order as soon as possible though since until such order, your spouse has the same parental capacity as yourself and has the same power as yourself to leave the relationship with the child.

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