Not Canadian citizens and not married in Canada

My spouse and i have been married for 6 years. We have 1 child who lives with me. I left 3 years ago we do not own any property . I am unemployed, my spouse is employed. We have been arguing from the time we got married and my spouse refused to seek counseling and a break down of communication caused me to leave. I live in another province. My spouse has admitley spoken of commuting adultery . I thought it was over but it’s not. We both agree that our child will remain in my care. Would the court grant my spouse custody ? I will allow my spouse access we both just agree that I will have the child in my care