I want shared custody but we don't live in the same province

Anonymous Asked:

my spouse and me got separated and i have one child who lives with her. she refuses to come to live with me in Alberta as i found a good job and apartment and she insists to stay in quebec without any reason just to torture me by keeping me away from my child. i want my child to live with. what to do?
in case i divorce her and she gets married with another one, can i have the custody of my child? iam desperate plz answer

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Andrew Heft

10 years ago

The custody of the child and where the child will live will be decided based on what is described as the best interest of the child. In order for you to get custody of your child you will then have to demonstrate to the Court that it is in the best interest of the child that he or she live with you rather than with the mother. This will be particularly important insofar as joint custody of your child will not be possible if you are living in Alberta and your ex-spouse living in Quebec.

Insofar as your ex-spouse getting remarried, this is not an impediment to her maintaining custody of the child as long as the new family unit is not harmful to the child. In either scenario, if your ex-spouse currently has de facto custody of your child, you will need to demonstrate that changing this situation and disrupting the day-to-day life of the child is actually better for the child than maintaining his or her current situation.

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