What rights do grandparents have to custodyand access of their grandchildren? Hi , I’m Brian Galbraith, I’m the owner of Galbraithfamily law professional corporation. We’re a law firm of divorce and family law lawyerswith offices in : Barrie, Orillia, and Newmarket. Grandparents have the same rights to custodyand access as any other non parent. In other words, they have no special rights. If thecourt believes it’s in the best interest to children that the Grandparents be grantedaccess or custody, then they’ll order it. But, in the face of competent parents whowish the grandparents to have no access, obtaining an order of access is very difficult.
Grandparents who have been involved in theday to day care of the grandchildren over an extended period of time, so they’ve beenessentially playing the role of parent, they have a very strong case for at least accessand sometimes even custody of the children. Another situation which grandparents havehad great success, is when the parents are unable to care for their children as a resultof perhaps mental illness, or addiction issues, or imprisonment for that matter. Alberta,Quebec, New Brunswick and BC have legislation which acknowledges the importance of the grandparent/grandchildrelationship, but it doesn’t guarantee custody or access to grandparents.
Ontario has legislation that’s pending, butit’s a private members bill so there’s a good chance it will not be passed into law. Someof the saddest cases involving grandparents are those in which their child has died andthe grandparents wish to maintain a relationship with the grandchildren, but the survivingparent does not want that to happen. Those are tough cases that the court has to grapplewith and decide based on what is in the best interest of the children. If you have a case that involves grandparentaccess, your first step is to book a consultation with one of our lawyers.We’ll analyze themerits of the case and help you decide a course
of action toward resolution. The easiest wayto book a consultation is just to go to our website which is www.galbraithfamilylaw .You can book it at the website. Thank you, we look forward to helping you..
Child Custody Relocation The Marks Law Firm
Because your child is involved, if eitheryou or your former spouse wants to move to another part of the city or to the other sideof the world, in Missouri there are a set of statutes to follow so that the child isn’tharmed by the move. A party seeking to relocate must send viacertified mail notice at least sixty days in advance of the proposed relocation, andthe notice must include several components, including the proposed date of relocation,the proposed new address and phone number, the reasons for the proposed move, and a proposednew schedule of physical custody. Once a party receives a relocation notice,that party cannot just sit back and wait;
doing so will result in allowing the relocationto proceed. If a party wishes to prevent relocation, that party must file a Motion and Affidavitto Prevent Relocation within thirty days of the receipt of the relocation notice. Thisis a strictly enforced deadline. After the filing of the Motion and Affidavit, the partyseeking relocation has fourteen days to file a response, and the matter will be set fora hearing before the court. A trial court can only grant relocation ifit finds it was made in good faith and is in the best interests of the child. Whilethese criteria seem a bit ambiguous, and do give the trial court a great deal of discretion,they have more specific meaning. If a relocation
isn’t made in Good faith, it simply meansacting with an improper motive, usually with the intent to deprive the other parent offrequent and meaningful contact with the child. But of course, the Best Interests Standardrequires the court to apply the same factors as in any custody decision. Relocation cases usually involve thoroughexamination of the financial basis of the proposed move, the attempt by the relocatingparent to find suitable employment without relocating, and the impact on the childrenof changing schools and communities. Making a successful case on either side of the relocationissue requires presentation of extensive evidence,
and can require retention of experts and eventhe appointment of a guardian ad litem. Consequently, relocation cases are complex and require theskill of an experienced attorney..