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Can I have custody for 2 children? (Common Law Relationship Separation)

Anonymous Asked:

I am separating from my common-law partner with whom I have two boys aged 5 and 3. As their father, I would like more than anything to have sole custody while allowing my partner to visit them at any time. I am strongly convinced that both our children will be best off under my care since my partner is irresponsible, has cheated on me previously of which I have physical evidence, she's emotionally unstable taking phychiatrist-prescribed medication and is unfit for the proper care and upbringing of two young children. I hold a respectable full time job and have immediate family available to support me with my children's care. Could you please advise me of the options available to me?6

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Andrew J. Kania, LL.B., LL.M.
10 years ago

Answer: Custody and access issues must be resolved either through the negotiating and signing of a voluntary separation agreement; or by commencing a Court Application. If she is agreeable to what you want, then we can proceed by way of the separation agreement option. If not, then Court. If the matter is heard in Court, then the legal test is: “best interest of the child,” in terms of custody/access. Based on the facts relayed by you above, it would appear that you have a strong case. Of course, we would need to question you and obtain exact details, prior to being able to provide a legal opinion. Feel free to call 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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