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Legal Ease
Legal Ease, Lawyer
Category: Canada Family Law
Satisfied Customers: 101440
Experience:  I am a practicing lawyer and have also been an online professional for 5 years.
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My mom has custody of my 4 year old twins and my 3 year old

Customer Question

hello my mom has custody of my 4 year old twins and my 3 year old and i am trying to get
childrens aid to remove my 18 month old from his godmother because she is not capable of taking care of him herself. she needs her three sons help all the time because she has metal plates in her legs and cannot stand for very long. i talked with my worker today and wrote down a plan that either my mom would have custody with my grandma because she helps my mom also. or my fiance mom would have custody. Our worker said that it would be most likely that our 18 month old would go to my fiance mom because it would be too much stress on my mom. but my mom is the one that offered to take him. They say it would be easier because my fiance mom just lives with her boyfriend. We also want my mom to take him so that he can grow up with his brothers instead of just having visits here and there. are they allowed to use stress as a reason if my mom is the one that offered in the first place?
Submitted: 1 year ago.
Category: Canada Family Law
Expert:  Legal Ease replied 1 year ago.
Is your mother prepared to take custody of all of the children?Can your mother afford a lawyer?
Customer: replied 1 year ago.
she is prepared and she has 2 jobs. I'm not exactly sure if she can afford a lawyer but couldn't she go through legal aid?
Expert:  Legal Ease replied 1 year ago.

It depends on her income as to whether she is entitled to legal aid or not.

But what would make sense now and she should do this at once is that she should retain a family lawyer and if necessary resort to the courts to seek an order for custody.

The goal of the court will be to keep the children together as this will be in their best interests so long as your mother can show that she can raise these children while having two jobs.

In other words it may be best at this point if this comes from your mother and not just from you.

Do you see what I mean?