If I’m immigrant, with who will our daughter stay?

Anonymous Asked:

Hello. Could you please say if I’m immigrant (Russian, we didn’t apply for temporary residence) and my husband is Canadian, in case of divorce, with who will our daughter stay? I have job in Russia. We are married.

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Andrew Heft

10 years ago

The Court will grant custody of the child based on its appreciation of the child’s best interest. There is therefore no automatic custody in favour of one or the other parent. To evaluate the child’s best interest, the Court will consider the child’s age, the relationship with each one of the parents, his or her needs, environment, etc. Without a detailed analysis of your particular family situation, it is not possible to evaluate with whom the child will stay, we recommend you seek proper legal counsel to discuss this issue more thoroughly.

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