How Can I Pursue Custody After My Child Was Hidden From Me?

Question from Jacob, How Can I Pursue Custody After My Child Was Hidden From Me?

Answer from AI:

If you have recently discovered that you have a child who has been hidden from you for several years, you may be considering seeking custody or establishing a relationship with your child. The process can be complex and emotionally charged, and it is important to approach it with sensitivity and legal guidance. Here are some general steps and considerations:

Understanding Your Rights and Responsibilities

Firstly, it’s important to understand your rights as a parent. In Canada, both parents are generally considered to have equal rights to their child, unless a court has decided otherwise. However, if you were unaware of your child’s existence, you may not have been part of any previous legal decisions regarding custody or child support.

Establishing Paternity

• If paternity has not been legally established, you may need to take a DNA test to prove that you are the child’s biological parent.
• Establishing paternity is a crucial step as it can affect your rights and responsibilities, including custody and child support.

Seeking Legal Advice

Consulting with a family law attorney is highly recommended. A lawyer can help you understand your legal position and the best way to proceed. They can also represent you in court if necessary.

Applying for Custody

• You will likely need to file an application for custody with the family court.
• The court will consider the best interests of the child, which is the paramount consideration in Canadian family law.
• Factors that may be considered include the child’s physical, emotional, and psychological safety, stability, and well-being.

Mediation and Negotiation

• Before going to court, you may be encouraged or required to attempt mediation with the other parent to reach an agreement on custody and visitation.
• Mediation can be a less adversarial and more cost-effective way to resolve disputes.

Understanding the Impact on the Child

• It’s important to consider the emotional impact on the child of establishing a new parental relationship, especially if they were previously unaware of your existence.
• Professional guidance, such as counseling, may be beneficial for both you and the child during this time.

Child Support Considerations

• If you are granted custody or visitation rights, you may also be responsible for providing child support.
• Child support in Canada is determined based on guidelines that consider the income of the parents and the needs of the child.

Next Steps

1. Document any evidence that supports your case, including any communication with the other parent or attempts to be involved in the child’s life.
2. Prepare for the possibility of a court appearance by gathering relevant documents and information.
3. Stay informed about your legal rights and responsibilities by researching family law in your province or territory.

It’s important to remember that each case is unique, and the legal process can vary depending on the specific circumstances. For personalized advice and to ensure your rights are protected, seek the assistance of a legal professional who is experienced in family law.

For more information on family law and custody matters in Canada, you can visit the Department of Justice Canada’s Family Law section or consult the family law legislation for your specific province or territory.