custody/ abandonment

User - posted on 03/15/2011 ( 6 moms have responded )

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My son is now 9 months old and his father kicked him and I out of our home when he was 6 weeks. We were married for only 6 months. We have gone to court, as he filed for divorce the after he kicked us out. I currently have primary care and he has 2 supervised visits for an hour each week. He has only used two of his visits and has not seen our son since the end of September. I recently found out as a friend of mine told me to contact the court house to find out the custody that it has not been established. I have been trying to contact the mediator to help establish custody as I cannot afford a lawyer as I am on government assistance. He also has not been paying his child support. The relationship was abusive physically and mentally. What is considered abandonment in alberta, canada?? How should I go about finalising custody court or mediation??? I am so nervous about this whole situation but need to establish sole custody!! Please help!

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Jenni - posted on 03/16/2011

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If you're on assistance you should qualify for legal aid. Contact your case worker and speak to them about what's going on. They should be able to provide you with some useful information and places you can go for help in your area.



It has to be so overwhelming for you right now. Take a big breath and take it one day at a time. One step at a time. It will all work itself out. Now is an ok time to lean on family and friends for support. You and your son will be alright, I promise.

Good luck and best wishes for you and your son.

Tara - posted on 03/15/2011

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You should qualify for legal aid. Here is the link for legal aid in Alberta (it's different here in BC): http://www.legalaid.ab.ca/Pages/default....



Given the circumstances I would definitely recommend getting a legal aid lawyer and suing for full custody and support for your son. Since the relationship was abusive physically and mentally I would also consider asking for any visits you do put into your custody agreement to remain supervised.

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Nadia - posted on 03/16/2011

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Hi Stephanie - I'm in Ontario and don't really know anything about family law in Alberta but there is a free lawyer consultation service which I've heard of which you should definitely look into. My understanding is that you call this service, tell them your situation and a lawyer will contact you within a specified period (24 hours I think). They will then give you a short amount of free time and anything after the initial consult will be discounted. I suggest you look into if this kind of service is available in Alberta, get a list of questions together and prepared for when the lawyer calls you back. I will ask around for the name of this service, I've never used it but remember someone talking about it. In the meantime, maybe just google "free initial lawyer consult alberta" or something along these lines. I wish you all the best. Please let me know how things are going (nadiamahma@gmail.com)

Linda - posted on 03/16/2011

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I would not give it a second thought. This man's behavior tells you and the court system he has no intentions of ever being a father. Just move on. Go to the court house, now and final for custody on your own. They will help you and it is do-able and easy.

Louise - posted on 03/16/2011

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Go and find a solicitor that deals with family court and is willing to be paid through the legal aid scheme. Then tell him about the lack of funds coming from the father and that he has not taken up his right to visit. let them fight for you as this is what they deal with every day. At least they should be able to get your money direct from his wages before it goes into his bank. This would be enough to kick his arse into action to either step up and be a dad or dissappear into the background and let you raise your child alone.

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