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I have just became a step parent in Alberta Canada. My wife…

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I have just became a...

I have just became a step parent in Alberta Canada. My wife has a 15 year old daughter. I am wondering what rights I have in terms of signing documents for her, ie consent forms, school registrations that sort of thing. The biological father has not been in her life in any way since she was 2 years old.

Submitted: 10 years ago.Category: Canada Law

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8/22/2010

Lawyer: Yossarian (user name), Lawyer replied 10 years ago

Yossarian (user name), Lawyer

Category: Canada Law

Satisfied Customers: 957

Experience: Lawyer

Verified

Congratulations upon becoming a stepparent.

While you are obviously going to be playing a very important role in your stepdaughter's life, from a legal perspective, you cannot sign any documents for her because you do not have custody. Only your stepdaughter's mother can take this step because she either has sole custody (and this is likely if the biological father has not seen his daughter) or joint custody of her daughter.

Customer reply replied 10 years ago

Do I not have the ability to sign as a guardian?

Lawyer: Yossarian (user name), Lawyer replied 10 years ago

As you don't have custody of your step-daughter, you can't sign such documents.

Customer reply replied 10 years ago

Being that she is 15 what are the steps for me to get custody, Her mother has joint. The child uses the biological fathers last name. Are the steps different once she turns 16 (November)?

Lawyer: Yossarian (user name), Lawyer replied 10 years ago

Since your spouse already has joint custody of your stepdaughter with her former spouse, you cannot have joint custody.

Your stepdaughter is not treated as an adult until she is 18.

Customer reply replied 10 years ago

I acutally have to correct that statement. there is no custody agreement. After their relationship ended he also made the choice to end the relationship with his daughter and left her life on his own accord. It has never gone to court. and he has never paid child support. He has never contacted her, although the child(kikkio) has maintained contact with his family. Ie. cousins. So it would have been quite simple for him to contact her if he had wanted too. And her mother has never said or done anything to give the impression he could not see her it was always his choice.

Lawyer: Yossarian (user name), Lawyer replied 10 years ago

Despite the fact that it seems like he has not been a very good father, he still has joint custody of your stepdaughter with your spouse.

Customer reply replied 10 years ago

how do we fight for us to have joint custody. Kikkio has no interest in having anything to do with him whatsoever, does the court take that into consideration?

Lawyer: Yossarian (user name), Lawyer replied 10 years ago

Your spouse needs to commence a divorce proceeding against her former spouse and custody issues can be addressed in that hearing. That hearing could also address child support arrears.

Customer reply replied 10 years ago

they were never married.

Lawyer: Yossarian (user name), Lawyer replied 10 years ago

Your spouse has sole custody.

Customer reply replied 10 years ago

so can we just have papers drafted up that gives us joint?

Lawyer: Yossarian (user name), Lawyer replied 10 years ago

You may want to meet with a family law lawyer to prepare a will and power of attorney forms that names you as a legal guardian of your stepdaughter. There is nothing else you can do to change the custody status.

Your province or territory's lawyer referral service can provide you with the names of local lawyers who can act on your behalf.

Customer reply replied 10 years ago

Relist: Answer quality.
received conflicting answers. I would like a different expert.

Lawyer: Yossarian (user name), Lawyer replied 10 years ago

You cannot have papers drafted to permit you to have joint custody.

I now see that you would prefer to work with another expert. I will opt out of this question.

Edited by Joseph Thompson on 8/22/2010 at 10:55 PM EST

Customer reply replied 10 years ago

thank you

Lawyer: Yossarian (user name), Lawyer replied 10 years ago

You're welcome.

Customer reply replied 10 years ago

<p>I have just become a step parent in Alberta, my wife (Jodi) has a 15 year old daughter (kikkio). The biological father has not been in her daughters life since she was 4. When the relationship ended he chose to end the relatioinship with his daughter at the same time. They were not married but however were common law. He has made no effort to contact either of them since then even though Kikkio has been in contact with his family (her cousins). Jodi has never given any indication that she does not want him to see her daughter, his lack of involvment is purely his choice. He has never paid child support and nothing has ever gone to court does this mean they have joint custody even though they were not married? with us married now I would like to adopt her but I do not know how to do this, since I assume he has parental rights that he has never signed over. How do I go about adopting her? What is the process? Does the court take into account that she wants nothing to do with him? She was born in saskatchewan which is where the father lives they moved to alberta so we could get married. If we file in alberta will he have to come to alberta?</p>

Lawyer: Yossarian (user name), Lawyer replied 10 years ago

As they were never married and your stepdaughter has not lived with her for more than 1-year, your spouse has sole guardianship (custody) of your stepdaughter.

But even if you adopt your stepdaughter, the biological parent would still have parental rights until she was 18.

You could complete an application to adopt your stepdaughter through the provisions of Alberta's Child Youth and Family Enhancement Act. I suggest that you retain a family law lawyer to assist you with this process.

Customer reply replied 10 years ago

would I have full rights to her as an adoptive parent? wouldnt we need his consent for me to do this?

Lawyer: Yossarian (user name), Lawyer replied 10 years ago

You would have full rights as an adoptive parents. The biological parent would still have certain rights too-like access and the right to receive information about her health education and well-being.

You should review the terms of the adoption with an Alberta family law lawyer.

If the biological father's consent was needed, it is possible that he could claim to be a joint guardian and object. This would mean that your spouse would need to litigate the issue of guardianship first.

By the time, this would be resolved, it is possible that your stepdaugher would be 18 already.

This is why I gave you the power of attorney and will suggestions before. Most people in your circumstances would not adopt and just become a stepparent.

Customer reply replied 10 years ago

so since she has full custody if we were going with the power of attorney option, I assume he does not need to consent for that? How are the rights of a guardian different from that of an adoptive parent? Basically the main thing I am looking for is signing power for example if she needed urgent medical treatment and her mother was not able to be there to sign it for whatever reason.

Lawyer: Yossarian (user name), Lawyer replied 10 years ago

The power of attorney option involves you stepping into your spouse's "shoes" for decisionmaking regarding care or property when she is incapacitated-it would not cover all situations when your spouse was not around and your stepdaughter needed urgent medical care. Only her mother could sign. Yet, as a minor your stepdaugher would still receive urgent medical treatment if it was needed in an emergency situation even if you couldn't sign the forms.

Customer reply replied 10 years ago

that does not sound like what I am trying to accomplish. The adoption may be the better option.

Lawyer: Yossarian (user name), Lawyer replied 10 years ago

That is your choice to make. Most stepparents in your situation would just live with the status quo. I don't think you will accomplish what you want to do by adopting your stepdaughter considering her age and the length of time it will take to complete this process.

Customer reply replied 10 years ago

I am also just doing it for the principle of the matter. In my mind it seems like the right thing to do. even if I only get a few months out of it.

If her mother were to draft up a letter to the effect of I ___________the mother with sole custody of __________ herby authorize __________ to make decisions in the best interest of the child and all him to consent to acts when Appropriate.

and had that notroized would that work?

Lawyer: Yossarian (user name), Lawyer replied 10 years ago

No, your proposed solution would not guarantee the result you want and the medical caregivers would not be bound to respond. On the other hand, it can't hurt.

Some principles are not always worth fighting for and sometimes principles can be very costs things to attain.

Edited by Joseph Thompson on 8/23/2010 at 2:47 AM EST

Yossarian (user name), Lawyer

Category: Canada Law

Satisfied Customers: 957

Experience: Lawyer

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