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-   -   Custody of Child born out of wedlock in Ontario Canada (https://www.askmehelpdesk.com/showthread.php?t=469482)

  • May 7, 2010, 06:05 PM
    blueeyeddemon
    Custody of Child born out of wedlock in Ontario Canada
    The father doesn't want the child at all. The mother wants to keep the baby. It has not been born yet and she is maybe about 3 weeks pregnant at most. Does anyone know what needs to be done to insure that she has sole custody of the child and not just "de facto sole custody" of the child? Like any websites that point to the law in Ontario, Canada about it?
  • May 7, 2010, 06:12 PM
    cdad

    There is nothing to be done at this point until the child is born. After the child is born she can go to court and get child support and any visitation settled. She needs to do this right after the child is born.
  • May 7, 2010, 06:15 PM
    blueeyeddemon
    But do you know the chances of her being able to gain full custody? The "father" doesn't have a High School Diploma, or GED or even a job. The mother has a High School Diploma and a GED and has a steady job that will give her maternity leave when needed.
  • May 7, 2010, 06:15 PM
    Fr_Chuck

    There is nothing you can do at this point as noted. And when the child is born you file for custody and child support.
    If the father wants any visits he will have to file and ask for that.
  • May 7, 2010, 06:16 PM
    Fr_Chuck
    That is full custody, even with sole and full custody the father will always have the right to ask for visits though the court.
  • May 7, 2010, 06:16 PM
    blueeyeddemon
    All right, thank you very much for the help. She is a very good friend of mine. She's actually my ex Fiancé. I just want what's best for her and the baby.
  • May 7, 2010, 06:18 PM
    Fr_Chuck

    The fathers lack of education will not effect court. If he is or has no or low income, she will get less child support.
  • May 7, 2010, 06:19 PM
    blueeyeddemon
    She doesn't want him to have anything to do with the child. He told her he doesn't want the "bleeping" child at all and that she needs to get an abortion right now if she wants to stay good in his book.
  • May 7, 2010, 06:21 PM
    Fr_Chuck

    But he may change his mind when the child is born or latter in the child's life. The fact she does not want him to have anything to do with the child, honestly does not matter, he will have legal rights, and there is nothing she can do.
  • May 7, 2010, 06:21 PM
    blueeyeddemon
    All right, I do appreciate all the help. Thank you very much.
  • May 7, 2010, 06:22 PM
    cdad

    Right now doesn't matter. When the child is born it will change things. And as far as what she wants its not up to just her since she is the one that decided to have a child with this man. If they can't decide and put the child first the courts will be happy to do that for them. He will have rights and responsibilities. How he chooses to use them is a choice only he can make.
  • May 26, 2010, 10:42 AM
    grammaj
    If this is in Canada - just do not list the father's name on the birth certificate , list the father as unknown - then he has no rights whatsoever to the child unless he wants to pursue it via DNA testing through the courts - now mind-you, if she doesn't list him as the father, then she cannot come back to him and ask for support though either unless she does the same DNA via the courts as well.
  • May 26, 2010, 10:44 AM
    grammaj

    Acutally, if this in in Canada, just tell her not to list the father's name on the birth certificate, but rather list father as unknown - then he does not have any rights to the child unless he wishes to pursue it via DNA testing in court - now, mind-you, it works both ways, being that if she doesn't list him as the father, then she cannot ask for child support, unless she goes through court and gets DNA testing done (even at that, DNA testing, isn't 100% able to prove that he is the father, only that he is not, so I am not sure that even that is admissible). Good luck

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