Question about Sole Custody

Anonymous Asked:

I've been legally separated for 4 years. I have one child with my ex and I want to divorce. I have a separation agreement filed with the court stating sole custody due my ex's being mentally unstable and constant undermining behavior. Can I file for divorce with the document I have so I continue to have sole custody with access to her Father only? Also, he has another child who is 16 or 17 years old. He currently pays only $400 a month for our daughter. Is this enough? I just want to close this chapter in my life and ensure if something happens to me that my daugther will go to a family and parents that can care for her the way she needs to be cared for (Peace of mind for me).

Please advise?

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

10 years ago

Answer: You raise multiple issues. My first comment is that I need to see the signed Separation Agreement to provide any comments that relate to the Separation Agreement. Such agreements normally allow provisions of the agreement to be included in the Divorce Judgment. This may be very important for you, which is why I need to see the Separation Agreement.

In terms of the appropriate amount of child support, I would need to see income disclosure from him to determine if he is paying enough child support pursuant to the Child Support Guidelines.

In terms of your comment about: “I just want to close this chapter in my life and ensure if something happens to me that my daughter will go to a family and parents that can care for her the way she needs to be cared for (Peace of mind for me)” this involves your will and other factors.

You have raised numerous issues and it would be best if you called me for a free consultation.

(The information provided above is general, not legal advice, as circumstances vary from case to case. Thus, if you wish legal advice that you can rely upon for your specific case, please contact Douglas Briand for a free consultation).

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