Legal Question in Family Law in
Mother wants to separate (common-law) but father refuses to agree. She moves out of home but continues to see children nearly every day. Talks to them multiple times daily on phone. Is there grounds for abandonment for a custody case?
1 Answer from Attorneys
In British Columbia the conept of "abandonment" has no real meaning; what counts is whether or not the children are being properly looked after. Either party can ask for a custody order, regardless of who moved out. The court will normally decide that the children should live with the parent best able to provide a stable home environment. The parent with day to day care wuld normally be entitled to child support from the other parent. If one of the parents needs support her/himself the court will ofter award it, based on a number of factors that are beyond the scope of a LawwGuru answer. See a lawyer as soon as possible.