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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 100057
Experience:  Lawyer
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My spouse has asked me to look into what needs to be done in

Customer Question

My spouse has asked me to look into what needs to be done in order for him to be a legal guardian of my 16 year old daughter. We have been together since she was 3. Her birth father is a guardian, but he hasn't had contact or spoken to her in 3-4 years after they had an argument. Taylor's step father has been her parent, for most of her life and financially supports her. She is a competitive horseback rider and is currently living in Texas as she is on a training visa down there completing a training program and participating in horse shows across the US. He is wanting to be placed as a guardian in case of emergency and also because i have had some health concerns since completing treatment for Cancer a few years ago and we would like to make sure that in case anything happens to me that he has a legal right to continue parenting her in the event I am unable to. Also, we have had a couple of situations come up with her being in the US which require a legal guardian.
Submitted: 1 year ago.
Category: Canada Law
Expert:  Debra replied 1 year ago.

Will your daughter's biological father agree to this?

Customer: replied 1 year ago.
Not sure. As I mentioned he hasn't made contact with her in a number of years. I had tried to arrange counselling or getting them together to figure things out and he didn't want to do that. I eventually gave up trying to reconnect them.
Customer: replied 1 year ago.
I am thinking that we will have to make an application to the court, but prior to doing I wanted to see if it was possible for Taylor to have 3 guardians. I am not looking to remove her father because I am hoping that in time they will reconnect.
Expert:  Debra replied 1 year ago.

Yes it is possible for her to have three guardians.

And perhaps that biological father will agree given you are not asking him to give up any rights.

Otherwise you will need to apply for an order, serve him with the application and then he can contest it and then you can make your arguments i court and have the court decide.

I cannot see the court denying this based on what you are asking for and the facts.

Customer: replied 1 year ago.
If our current order was filed in Supreme Court do I have to apply for an order in Supreme Court for this, or can I apply in Provincial Court?
Customer: replied 1 year ago.
also, is it possible to receive help with filling out the required paperwork through this membership?
Expert:  Debra replied 1 year ago.

You will have to go to the Supreme Court.

No it's not possible for us to provide that type of help as it is practicing law and we cannot do that online. We give information but not actual advice.

I am sorry about that.

Customer: replied 1 year ago.
thats what i thought. thank you.
Expert:  Debra replied 1 year ago.

You are very welcome.

Customer: replied 1 year ago.
last question.... would both of us be the claimants and her birth father as the respondant or would her step father be the claimant and both her birth father and myself be the respondants?
Expert:  Debra replied 1 year ago.

You and your spouse would be the claimants and the bio father the respondent.

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