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Rights of the dad? Canadians please.

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Old May 6th, 2008, 00:38 AM   #11
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Every province in Canada is different. I am in ontario and I know here the courts want to keep the baby/children with their other. So there is no way he will be able to gain full custody over you, unless like others said, you are a maniac, unfit mother or a duggy. Even drug addicts get more chances then they deserve here.

I would not put him on your baby's birth certificate. Like mBlack said, dna tests are well over $1k, and he would be responsible for that cost. You can just as easily say you cheated on him while you were dating and your not sure who the father is.

Move in with your parents. School is important, you need to finish it so you can have a good career to support you baby.
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Old May 6th, 2008, 07:04 AM   #12
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So,the main question is wether you want to put him on the birth certificate or not.If you do,he doesn't have to pay the DNA test,he is the child's legal father and he can get joint custody.At least by the new law in Canada(we don't have that law in the US,fathers usually get only visitation rights).

If you don't,you have no right to child support from him and he can still demand a DNA test and then put you through hell.
But the thing is,does he even want to be on the BC? Maybe you should talk to him about it cause he knows about the baby so his next move after you leave him will be unknown.

The truth is that if he is also a normal,law obiding citizen,who has permanant employment he can get joint custody not just visitation rights(as I said,the new custody law in Canada).

I tried googling it now but it mostly said about divorce cases so you should consult with a lawyer or maybe a law student.Try if your parents or someone has a friend who can give you the whole thing,how it works...maybe an explanation on how it works and probably an advice..

Sorry about what you're going through...
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Old May 6th, 2008, 10:50 AM   #13
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sorry - i dont know anythign about the law....but I'm poking my big nose in anyways - feel free to tell me to butt out. Are you sure you dont want him to be a dad? What if baby wants to know daddy later in life?

I wouldnt make any rash decisions - you're hormonal and this is a huuuge decision - seems to me you're as angry at his mother - that it's her you'd like to leave?!
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Old May 6th, 2008, 11:39 AM   #14
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Here's the thing. I would have no quams about letting the baby see his/her dad. If Adam wanted to see the baby, I have no issue. Its his kid, I'm not going to be the person to take that away from him. I am concerned that if I move home with my parents, I am 8 hours away. I don't know if I trust Adam to take care of the baby for weeks because he gets visitation rights. He works full time, the baby would be with a babysitter 50% of the time, and even when he does see the baby, I doubt he would know what to do with it. He would go insane if he couldn't get the baby to stop crying, I know he would. He's not an innate "father" as such, and if he's not watching someone do it every day I doubt he'd figure it out on his own.

I think here its a very rare case that the father gets custody. We're both university educated, both going to have jobs with the government (once I graduate), and both from stable families. As for paying for the paternity test -$1000 dollars is like a $5 bill to his family.

I truly believe that Adam himself will not be the issue here. He would probably just give up and say I could take the baby. But his mother will want to raise hell, and she's the one footing the lawyer's bill.
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Old May 6th, 2008, 11:48 AM   #15
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Well then I guess you have got yourself into a big pickle here then.

Fathers have rights to custody, meaning you have to share, you really should be checking into the new canadian laws about this as they have recently changed. He wont get full cstody unless him and his mom can prove somehow that you are unfit. You dont have a job at the moment and you arnt done school which is a big strike against you, especially when your bf has a steady paying job.

Sorry hun, good luck.
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Old May 6th, 2008, 12:53 PM   #16
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I am sorry too. Truly, you think it was how it once was...the mother being offered sole custody. I thought that until it didn't happen to me.

The woman has the rights to go after the father for child support. So what are the rights of the dad? More dads have spoken out because is it fair to them that they pay child support yet gain hardly any visitation? As well they are also seeing more value in the fact that the child have contact with both parents.

Here's another reason why a guy may go for sole custody or joint custody. In that arrangement, a guy either doesn't have to pay child support in sole custody, or limited child support in joint custody.

Believe me, child support payments are a huge deal to a father.

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Old May 6th, 2008, 15:37 PM   #17
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Don't know the law over there, but I would advise you to keep things as civil as possible and bend over backwards to accomodate him - document it all and keep it so that you have proof that you are a very reasonable person. If the courts see you as being unreasonable they are more likely to rule in his favour. If you're breastfeeding, you would have a bloody good argument against him having the baby for weeks etc. for the first year.
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Old May 6th, 2008, 16:34 PM   #18
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I know you want to believe that as the mother you have the most rights - you don't. I have just been through all this hand in hand with my SIL (in Canada). She actually lost full custody to the father - & she is not a unfit mother. She is not a druggie or drinker or abusive or etc....

As well, when we went to look into social assistance for her they would deduct the amount the father should be paying in child support from the total amount she was due - regardless of whether he was paying it. They were willing to go after him for it but if she wouldn't give his name she just didn't get that money. So leaving his name off the birth certificate is not the solution.

I would worry that leaving his name off the birth certificate & trying to deny him as a father is only hurting your child. Regardless of whether you are in love with him - your child will be. Without the father in their life they will always seek it. For your child's sake I would work on a way to make it work without going to the courts.

That being said - get a lawyer - ASAP!
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Old May 8th, 2008, 16:28 PM   #19
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Custody is automatically the mothers, unless the father contests it. I REALLY reccomend doing a consultation with a lawyer to check what your rights are as it does vary province to province. A lawyer will generally do this free of charge (that way you can meet them and decide on a course of action) PM me if you want a bit more information, I have a friend going through this and we are fighting a bit of a battle too.... So I can ask questions for you and get some info.
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Old May 9th, 2008, 03:14 AM   #20
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Oh, now that I realized that a mother can lose custody of the baby to the father - shit, I need to make some plans, can ANYBODY pm me if they know about the law in Canada.. I'm only 15 yrs old, I don't know much about law, but I think my ex is going to fight me for my son.. over my dead body will he get him though, my son is the very reason I breathe.. Plz pm..
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