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Daniel, Solicitor
Category: Australia Law
Satisfied Customers: 5781
Experience:  Bachelor of Laws (dist) Graduate Diploma in Legal Practise. Admitted NSW Supreme Court / High Court
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My grandson has a 10mth old daughter. s partner had left m

Customer Question

My grandson has a 10mth old daughter. His partner had left him and he wants to know where he stands legally regarding the child.
He is not working but has a very close bond with the child and has even said he will stay at home with bub if the mum wants to resume work.
The family live in Queensland
My questions are:
1 Can he take the child and let mum fight for custody?
2. The child's grandmother has played a huge part in the child's life and they have a very close bond. Does the grandmother have any legal rights to the child? Or does she have a legal 'say' in the welfare of the child?
3. The mum wants to move to another town. Can my grandson stop her from leaving so he can have visiting access to the child?
I would really like to speak with someone but my work day prevents this. If you are able to call my number is ***** 877 247
I'm able to use the phone from about 6pm- 9pm
Hope you can help
Kind Regards
Submitted: 2 years ago.
Category: Australia Law
Expert:  Daniel replied 2 years ago.

1. Yes, but there is a difficult task to show that she is a horrible mother and he is capable. At that age, courts always look or the child to be with mum, and have frequent contact with the father.

2. grand parents have significant rights as they are interested parties.

3. yes, the mother needs to live somewhat close to the father to facilitate contact.

I would suggest that the court will want the child to live with mum, and have frequent non overnight contact till the child reaches 18 - 24 months old, then a move for each second weekend overnight contact and a night or two each other week

Expert:  Daniel replied 2 years ago.

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