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NRM
Board Member
Posted
I'm Nataly from Ontario and I was wondering if anyone had some insight into some questions. I'm a recent single parent of a 2 month old son. His father is not in the picture because he is unfit as determined by me. If I am to go after child support could he be awarded visitation rights???? Or is it a completely separate thing????


Making the decision to have a child - it's momentous. It is to decide forever to have your heart go walking outside your body.
 
Posts: 35 | Location: Canada | Registered: 30 June 2005Reply With QuoteEdit or Delete MessageReport This Post
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Custody/visitation and child support are totally seperate issues and would be heard as such in court. If you go for support, he can file for visitation/custody, but that wouldn't be heard at the same time and it is something he'd have to fight you for. Good luck and welcome to the site!
 
Posts: 1604 | Location: Kissimmee, FL | Registered: 10 September 2004Reply With QuoteEdit or Delete MessageReport This Post
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HI NRM and welcome,

Just to correct my good frind TM, here in Canada although the issues are separate, they will be dealt with at the same time in court.

First of all, if he shows up,in Ontario, he will automatically be assesed and ordered to pay support. This will be done through a court order issued to the Family Responsibility Office who will collect the funds and forward them to the custodial parent. If both parents agree then the FRO can be eliminated from the equation.

As for visitation, you are not the one who determines the father's parenting abilities or fitness. If the father wants visitation, he will be assesed by "the Children's Lawyer" who will submit thier assessment to the judge who then determines visitation if any.

So in a nut shell; support is automatic when he shows up in court and visitation will be assesed at the same time but the process for visitation takes longer due to assesments.

Welcome to SFV NRM.
 
Posts: 1796 | Location: a little village in a big world, Canada | Registered: 18 September 2004Reply With QuoteEdit or Delete MessageReport This Post
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Jaysdad is right on the money. Even though child support and visitations are seperate, once your ex is made to pay he may wish to 'get his money's worth' .. at least that's a perception of many. At times things can get ugly once money is involved. It's rarely about the child itself. Nevertheless, hang in there and do what's best for your child.
 
Posts: 2806 | Location: SFV | Registered: 04 December 2004Reply With QuoteEdit or Delete MessageReport This Post
NRM
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Thank You very much for your help. Unfortunately I believe my childs father will go after visitation if i go after support to as you say "get his money's worth". I just have to decide if it's worth it. Some days I feel it's unfair that he may go without something because I simply cannot afford it or god help me if he gets sick, which is likely to occur sooner or later, and I cannot afford his prescriptions. But then some days I feel theres no amount of money in this world worth risking my sons health and safety.


Making the decision to have a child - it's momentous. It is to decide forever to have your heart go walking outside your body.
 
Posts: 35 | Location: Canada | Registered: 30 June 2005Reply With QuoteEdit or Delete MessageReport This Post
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Hello NRM

The best thing to do in my opinion is educate yourself. There is a fabulous collection of information in the Canada Forum. The federal and provincial sites are also full of the information and links to more information.

Each situation is different - of course, but all have the same laws applied to them.
When I ended my marriage I was a mess but did manage to get my act together and learn all I could absorb.
I compiled a list of components of what I wanted my separation agreement, custody agreement to read and took that to a lawyer. My first visit was free. I also negotiated a figure with the lawyer to hand my case. (this had certain limits of course), but gave me a real dollar number instead of a total unknown or hourly rate.
I am not sure if you were married or not, either way a custody agreement and support agreement really do need to be filed with the courts as soon as possible.

The only other solid advice I can offer is for you to document all the contacts and communications between all the parties. Start a journal. This can serve you in the future.
I hope it all works out for the best.
Good Luck
Harmony
 
Posts: 2014 | Location: Ontario, Canada | Registered: 28 March 2005Reply With QuoteEdit or Delete MessageReport This Post
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