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    starjackson's Avatar
    starjackson Posts: 1, Reputation: 1
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    #1

    Apr 12, 2013, 08:21 AM
    Fathers right of newborn in canada
    I have been in a relationship for 12 years and we had a rocky patch and I had an affair but ended it.. I soon found out I was pregnant but was very sure it was my common laws husbands child.. after my daughter was born we found out she was not his and is in fact the other guys child.. the other guy is wanting to be a part of her life and I am fine with that but he is now become pushy about seeing my daughter whenever he wants.. I have an 8 year old and a life with my husband and it is been distrupted because of the other guys involvement... I would to know what right he has to my daughter? My daughter is 5 weeks old and is breastfeed and I am not comfortable leaving her with him at all.. am I aloud to limit his visitation to 2 days a week for 1 hour and only if I am there
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #2

    Apr 12, 2013, 09:06 AM
    Is common law legal where you live? Your "common law husband" may or may not be the legal father at this point.

    You can totally deny the father visitation and force him to go to Court and get Court-ordered visitation. You can then argue that you are "uncomfortable" leaving his child with him. I agree that he may not be prepared to care for such a young infant. I don't know if the Court will agree.

    How to you know your "husband" is not the father? DNA testing?

    You are entitled to child support. He is entitled to visitation - but he has to go to Court to get it, as do you.

    He is the father of the child and no Court is going to deny him visitation and/or not entertain any motion for custody. I doubt he'll win (unless you are unfit), but it is possible he will ask.

    This is another case of "not good enough to raise my child but good enough to have sex with." You almost threw away your relationship with your "husband" to have sex with this guy - and the Court is going to recognize that.

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