The Battle for Custody
TMZ has reported, "Tyga thinks Blac Chyna is unfit to properly care for their child because she twerks and parties too much". TMZ further reported that the former couple does not have a custody order, but Tyga will be filing court document asking for "primary custody".
In Ontario, a Court may order sole or joint custody. Furthermore, "custody", in Ontario, refers to the legal authority to make major decisions regarding a child's health, education and welfare. In order for a party to make a claim for custody on a permanent basis, it is necessary that that party make such a claim in their pleadings. If that party is commencing a court action, this document is referred to as an "Application". However, if that party is responding to a court Application, the party would include their claim for custody in their "Answer". If there is already an existing court order, a party may bring a Motion to Change, whereby they can make a similar request. In this case, TMZ has reported that Tyga and Blac Chyna do not have an Order pertaining to custody of their son, King Cairo. As such, Tyga would be required to bring an Application to commence his claim for custody of his son.
In Ontario, Tyga would have to detail the family history, the claims he is making (i.e. custody of his son), and the facts which support his claim. In order to have his Application issued by the court, Tyga would have to file with the court an Affidavit in Support of Claim for Custody or Access (i.e. Form 35.1). After having such documents issued by the Court, Tyga would proceed by serving Blac Chyna with the above-mentioned documents and then filing same with the Court. Blac Chyna would then have thirty (30) days to respond to Tyga's Application and accompanying documents. If she were to contest Tyga's claim for custody or ask for access, she would be required to serve and file an Answer and an Affidavit in Support of Claim for Custody or Access.
In the event that the parties were able to amicably resolve the above issues by way of negotiation, they could enter into a Separation Agreement and agree to a Parenting Plan regarding the care of their son. If Tyga were to file an Application and the above-mentioned Affidavit, such action would not eliminate the option of negotiating a Separation Agreement. It is important for both parties to recognize that they will have to continue to coexist as the parents of their child. As such, proceeding to court may further strain the relationship between the parties, which may have ill effects on their son.