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Lawyer recommendations. Family or litigation lawyer? Co-parenting under the same roof gone wrong.

  • Last Updated:
  • Jan 9th, 2019 5:22 am
Newbie
Jan 7, 2019
1 posts

Lawyer recommendations. Family or litigation lawyer? Co-parenting under the same roof gone wrong.

My name is John and I am in the process of having the mother of my child move out of my house. I live in Ontario, Canada and I am in need of some legal advice.

We have an 11-year-old boy together; however, we were never in a romantic relationship other than as co-parents when she moved into the house with our son 3 years ago. (It was a fling that ended up with an unplanned pregnancy). We all use separate rooms while the house, utilities, internet, and car lease are all under my name.

Due to her circumstances, I have financially supported her as well as our son in the past but no longer wish to do so, other than my obligations by the law. She is abusive and is considered the most toxic person in my life as she always uses our son to manipulate me, financially and emotionally.

We have discussed her moving out of the house to her own place where it is closer to her work since the spring of last year. However, when she found out that I am now in a serious relationship with someone else, she decided she is not going to be moving out and have gone to the extent of writing abusive emails to me, calling me at work over 100 times, and finally, claiming that she is married to me and that I have cheated on her and abandoned her and our son to everyone around her.

I have spoken to her lawyer (a family lawyer) because I have refused to respond to her unless it is through a lawyer. She claims that we are in a common law relationship, therefore she is entitled to spousal support and child support.
I disagree that I was ever in a romantic relationship with her other than as co-parents and I have removed myself from the house to avoid her abuse 3 months ago.

I am open to an amicable meeting to come to terms regarding child custody, support and such. However, I am not sure how to approach this case:
- Should I get myself a family lawyer or a litigation lawyer?
- Should I get myself different lawyers for different items?
- What kind of rights am I entitled to?
- How can I have her removed from my house without coming off as I’m throwing her out?

I need some advice on how to best approach this as I understand it is a complicated matter.

Thank you,
John
5 replies
Deal Expert
Aug 2, 2001
18951 posts
10534 upvotes
You state you need legal advice, RFD is not the place for it.

You need a lawyer. What you choose to do here could cost you tens of, or hundreds of, thousands of dollars.

Get your own lawyer to represent your interests.
Deal Guru
User avatar
Mar 23, 2008
13006 posts
10009 upvotes
Edmonton
Talk to your lawyer (family law). If they need to bring in another legal expert (litigation), they can let you know.

And tighten your seat belt... It's going to be a bumpy ride!

C
Deal Fanatic
User avatar
Sep 23, 2009
7086 posts
5223 upvotes
Force her and your child out?

In Ontario?

I guess it's good to have goals in everything you do.
Deal Addict
User avatar
Aug 15, 2015
1568 posts
206 upvotes
Markham, ON
I think you would have to pay her for a while in order to get out. At the end of the day, you and her have to come to some agreement.

How much money are you willing to part with?
How long are you willing to make payment?
Who does your son want to live with?
How much time will your son want to spend with you and her?
Does she do anything for the house? Are you a slob and does she cleans after you?

Take out the emotions and think about all the things the two of you currently share. You want a clean break. An amicable one.
Deal Addict
User avatar
Aug 15, 2015
1568 posts
206 upvotes
Markham, ON
Make sure she is responsible for her own legal expense that includes not contacting her lawyers too much. Your contact with her lawyers have to be reasonable, concise. Remember to edit your written correspondence. Don't be too lengthy or vague. Make sure you understand any paperwork that you receive from her lawyers. Make sure you are speaking with the lawyers representing her.

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