Legal Question in Family Law in Canada

Re: child abandonment from biological father

Yes he has a right to seek custody; whether or not he will succeed depends on a number of factors you have not provided, some of which are the reason he has not been involved, what attempts you have made over the 5 years to keep him involved (you have a duty to try and foster a relationship between the father and child); the age of the child; whether ot not he has tried to see the child and how often and if you have tried to help him see the child; if you and he have lived a ling distance apart; if one of you moved such that it was difficult or beyond his or your means to ensure contact; whether or not he has paid child support; there are more factors and each situation is unique. The chances are probably quite good, if the child is young, that he will be allowed access - a little bit at first and increasing withing a few months as he and the child become acquained.