Custody

You have asked two very specific questions involving legal advice. I ask that you call me at 877-668-9386 and I will provide you with a free consultation and, after asking you detailed questions, we can provide you with specific answers. As a general comment I can state that ordinarily the primary parent would have the children live with them on a primary basis. Thus, if you are a stay at home mother and your husband is with the children quite infrequently then, as a matter of common sense, the assumption would be that they would live primarily with you. However, this really depends as the legal test is the best interest of the children. All factors are taken into account, not just the aforementioned one. As a further general comment, if the children live primarily with you then you would be entitled to child support. In addition, you may also be entitled to spousal support, but this depends, once again, on your unique factors, such as his income when one takes into account his likely child support obligation. I once again invite you to telephone me 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).