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child's residence

Anonymous Asked:

I am the working parent...I applied for a work transfer - my husband was to get a job when we arrived in Canada - after finding out the daycare in my building did not take children until 10 months old my husband decided to stay home with my son. My son is now 19 months old and my husband has no motivation to get a job - we tried to put my son in daycare a few days a week but he constantly catches a cold from the center...we finally got accepted in the daycare in my building for fulltime (and my son got very sick the first day - ended up in the emergency room) so now my husband does not want to work. If I should divorce him - he would be considered the primary care giver ...does this mean my son would reside wiht him! I take care of my son as soon as I arrive home in the evening between 4:30 and 5:30pm until bedtime usually around 10pm (yes it is late but he doesn't wake up until late in the morning so my husband can sleep!)

Expert Comment:

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The issue of custody and access is determined by considering what is in the child's best interests. One factor is the status quo, or the arrangements made for the child to date.

However, the court would consider each of your respective plans of care for the child. When you are in separate residences, it is likely your spouse will have to work to provide for himself.

For a more thorough examination of the facts of your case I suggest you contact a lawyer.

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