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Good morning, We live in Alberta, have legal custody of our…

Customer Question

Good morning, We live in Alberta...

Good morning,
We live in Alberta, have legal custody of our oldest granddaughter since 4 mths old. Our youngest was abandoned by my daughter at about 2 yrs old. She spent roughly 1 yr with my parents I went to Ontario 3 yrs ago this summer and brought her to Alberta. Children's Aid in Ontario was involved with her.
We do not have legal custody yet as it cost us 10,000. in court and lawyer costs for the oldest.
I just need to know what our legal standings are or if we even have any.
[email protected]
Thank you
Liz Landriault

Submitted: 11 years ago.Category: Canada Law

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Answered in 13 minutes by:

9/15/2010

Lawyer: Debra, Lawyer replied 11 years ago

Debra, Lawyer

Category: Canada Law

Satisfied Customers: 139,355

Experience: Lawyer

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Is she involved still with the CAS?

What are the biological parents wishes?

Customer reply replied 11 years ago

No CAS walked away when she came to live with us.

My daughter is 27 has never had a permanent address, job or absolutely any stability in her life.

She has been diagnosed with: Schizphrenia, bi-polar disease, severe depression, she is also ADHD since childhood. She refuses to take medication or see a doctor. The man that is named on her birth records is not her father, he is someone that my daughter met online and moved in with. She hasn't spoken to the kids in years, we were just in Ontario and she made no attempt to see either. She has never paid a cent for either, we completely support the kids.

This is basically a huge mess but recently my daughter has said that she wants to come to my house and see the youngest or she will take me to court.

Lawyer: Debra, Lawyer replied 11 years ago

If she takes you to Court then the Court wil make it's decision based on what it determines to be in the best interests of the child.

In doing this the Court would consider all the surrounding factors especially the status quo.

Generally Courts strive to provide the child stability and security.

Courts do not tend to want to upset the status quo where a child is doing well.

The Court would for sure look at who your daughter is, what her situation is like now and her parenting ability as well.

Courts tend to keep siblings together where ever possible as well.

But, Courts to not cut-off access between a parent and a child unless there is compelling evidence that this will be best for the child.

If she serves you with documents it would be best to consult with a family lawyer at once.

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