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Legal Ease
Legal Ease, Lawyer
Category: Canada Family Law
Satisfied Customers: 97401
Experience:  I am a practicing lawyer and have also been an online professional for 5 years.
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How do I go about custody battle with the birth fathers

Customer Question

how do I go about custody battle with the birth fathers parents,
I need to move to another city for school, and they don't want me to move.
current visitation goes around the school system schedule and would continue to be the same after.
they've never had custody and his father doesn't either. ive been his sole caregiver since he was born,(ive no court documents as his father just left after the baby was born, there wasn't a need) the only reason that they have met(within this last year) is because child support was after their son. ive had him for the last 6 years, now they want to take him away due to me needing to move.
was wondering what route I needed to go, how would I handle this
what laws are in place to help me keep custody
Submitted: 11 months ago.
Category: Canada Family Law
Expert:  Legal Ease replied 11 months ago.

Is there any order or agreement in place at all with respect to custody and access?

Who set the current visitation schedule?

Are you saying they would not see your child any less?

And are you saying the parents just met your child last year for the first time?

Are they threatening court?

Customer: replied 11 months ago.
they are threatening court, they told me to get a lawyer
they set the current schedule, and there is no legal documents of any kind for any purpose between the families
they would see them same amount if not more,as I offered he spend the majority of the summers with them uninterrupted, (offered by me for a stipulation for moving)
and yes they only met my son just over a year ago
Expert:  Legal Ease replied 11 months ago.

They don't have much of a chance if any of succeeding.

First, they are not a parent but just grandparents. Grandparents may get an access order against a parent but they don't get to stop a parent from moving a child.

And in this case they have not even been in your child's life for long.

But most importantly they will see him even more.

They are likely making an empty threat but even if they are not once they see a lawyer it is most likely they will back down as the lawyer will tell them what I am telling you.

But you should also know that as they are not parents and there is no order or agreement they don't need to consent for you to move. There is no obligation on your part at all to tell them.

So it would make sense for you to do whatever you like and not even let them know your plans.

They are fooling themselves if they think they can stop a mother from moving for school with her child when they are not a parent, have just met the child and where they will see the child just as much if not more after the move.

Customer: replied 11 months ago.
if they put in a custody order, before I move, would that prevent me from moving?
how long does a custody order take to process?
Expert:  Legal Ease replied 11 months ago.

They would bring an application and that could take a long time to get to trial. But, grandparents don't have a right to seek custody. They only have a right to seek access. And in fact in a case like this where you are already granting them access there is so little likelihood that the court would interfere in any way that you should really not be this worried and you should just proceed with your life plans.

Customer: replied 11 months ago.
From my understanding, the son would apply for custody, then give him to his parents,
Expert:  Legal Ease replied 11 months ago.

He has no basis for applying for custody, as he has not seen your child for six years.

Customer: replied 11 months ago.
He has had 4 visits since his parents found out, and currently lives in the states
Expert:  Legal Ease replied 11 months ago.

But I just proves my point that there is no basis for sole custody. He's never going to get it. I know you are extremely worried but honestly you are worried much too much about this. There is non-involved father who doesn't even live in the country. He is not going to get custody in if he applies.

Customer: replied 11 months ago.
that would include joint custody?
Expert:  Legal Ease replied 11 months ago.

Yes. It is not possible to have joint custody when someone lives inanother country. In any event, this man is a virtual stranger to the child. Please see your own family lawyer so you can stop being this afraid.

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