Do I have sole custody?

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CanadianMama

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My ex b/f and I split 7 years ago, when our son was 3 years old. For the last 7 years, I have raised our son on my own. His father pays child support, but sees him physically (I tracked this) 15 days out of the last 365.
I believe that in order to apply for shared or joint custody, you have to have access to the child no less than 40% of the time.
My ex and I did up a separation agreement when we split. it was scheduled to last one year, and then be revisited. we made verbal changes to the child support etc, but we haven't referred back to that separation agreement in over 6 years........
In the old separation agreement, I was to have "care and control" over the child.

Now my ex is taking me to the lawyers in order to try to have the child support reduced yet again. (The first time I agreed to it verbally, this time I'm against it).
While we're there, I'd like to address this custody issue.

Do I have sole custody (assumed?) or is that something I have to apply for? And if I have to apply for it, based on his minimal to non existant contact, what are my chances?

Thanks in advance.
 
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