Hi Im not quiet sure if anyone is going to be able to awnser this one as I am in Canada and all but I'll give it a try... not only that but please don't be judge mental when reading this...
I'm 23 and leagally married to my now ex-wife... We have a child together that I gave birth too, yet she is on the birth certificate so she is looked upon as a "father" type parent or second parent... anyway... we are currently sharing coustody 50/50 I want that to change and have my son live with me the magority of the time. With him being almost two I think it would be healthier... not only that I don't like some of the decitions she has made with him.. not that they put him in real harms way but it screwed up rutiens and what not that have been difficult to get him into leaving me to deal with the repercutions most of the time...
I don't know if I have the right to ask for the majority of the time with him or how to even go about doing that
Any sugestions would be great
THank you

Hello Jessica:

You need to see an attorney. You can't be divorced, but he can negotiate a custody agreement between the two of you just like a divorce would.

excon

I may be mis-reading this excon but it sounds like to women who are married, or were married, they say they are married but say ex wife, so hard to say if they are divorced or not. But it will require attorneys and change of custody motions in court.

Hello Padre:

No, I got the inference. However, I think she's just using the term "ex" to indicate that they're not together anymore - not that they were married. Unless they live in Mass, I don't think they could be married.

But, married or not, she needs a lawyer.

excon

We are legally separated... I can't aford a devorce and she still wants to be married... I don't want to be in a same sex relationship any more...

You have to get a divorce and a child custody agreement and this will require an attorney. I do not know what sort of legal aid there is in Canada but I am sure that there has to be.

Interesting- Canadian province says child can have 2 mums -  Reuters USA - 03JAN07
Reuters, USA, By Leah Schnurr, January 3, 2007

A five-year-old Canadian boy can have two mothers and a father, an Ontario court ruled this week in a landmark case that redefines the meaning of family and examines the rights of parents in same-sex relationships.In a ruling released on Tuesday, the Ontario Court of Appeal said the female partner of the child's biological mother could be legally recognised as the boy's third parent."Without a declaration of parentage or some other order, the surviving partner would be unable to make decisions for their minor child."

Yeah-Canada is a very strange country-here step-fathers are obligated to pay child support for their stepchildren after their divorce with mothers, a child can have three/ why not four,five ,six "legal" parents/and finally if a woman is artificial impregnated by anonimus donor and it was decided by this woman alone,the government / and court/ will impose financial obligations for next 18-22 years to a husband,boyfriend,maybe friend,neighbour or co-worker...
Very strange law,more strange court decisions:confused: :confused:
I tought only Louisiana had strange legislations allowing a child to have two legal fathers.:(
By the way Louisiana recently repealed this conception for dual paternity .

Quote:

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Originally Posted by Jessicab40

we are legally seperated...I can't aford a devorce and she still wants to be married... I dont want to be in a same sex relationship any more...

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If you are "legally" separated, did you have an attorney draw it up? Why not go back to that attorney?

But the bottomline here is, if you want to modify the custody agreement ypu will have to go to court to do it. You will need to prove why your ex partner shouldn't have equal custody

I am little confused about

Quote:

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Originally Posted by Jessicab40

I'm 23 and leagally married to my now ex-wife... we are currently sharing coustody 50/50 ...we are legally seperated...I can't aford a divorce and she still wants to be married...

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Both legally married and legally separated:confused:

Wow-i have found...
Separation Agreement : A contract signed by the parties to settle their differences. It can deal with property, custody, access, support and any other matter. A form of domestic contract.

Divorce : The termination of the legal relationship of marriage between a husband and a wife.

Yes both legally married and legally separated