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Old 01-15-2017, 12:32 PM
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Default Custody of grandkids

Hi There
Looking for some advice regarding the custody of my grandkids. I have had custody since birth of both grandkids (10yrs). Now my child who lives a transient lifestyle has served me looking for sole custody of them. She has always been in their lives, although more like a sibbling than a parent. I am certain the best interest of the kids will be that they remain in my custody until they are old enough to make decisions for themselves...however, I am wondering if there is a way to simplify the court procedure. I do not want to drag this out in court as it will cost a fortune for me while she has legal aid. But also I think it's really a waste of everyones time. Any advice would be appreciated!!

Thank you in advance,
Gramma
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Old 01-15-2017, 12:53 PM
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When you say "transient" do you mean your daughter is homeless... living on the streets?
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Old 01-15-2017, 05:22 PM
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I am meaning temporary...she doesn't stay in one place for too long...job to job...person to person.
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Old 01-15-2017, 06:04 PM
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Do you have sole legal custody of the kids?
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Old 01-15-2017, 06:17 PM
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yes I do have sole custody
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Old 01-15-2017, 07:33 PM
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There is quite a bit of incentive for a chronically unemployed individual, with no home, to seek custody of children: Subsidized housing, government child benefit payments to name just two. The same could be said for grandparents and foster parents I suppose. The idea is that society should assist parents, when they are financially unable, to raise their own children and to have support in place which will enable these parents to become self-sufficient.

With that said, what are the biggest hurdles for your daughter in being able to raise her own children?
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Old 01-15-2017, 09:07 PM
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She has tried to be maternal..but really does not have the maternal instinct.
I am just looking to see if there might be a quick way to resolve this instead of going through the full court process.
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Old 01-15-2017, 09:16 PM
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You can always make an offer to settle. You should do this even if you end up going through court.

Perhaps there is some middle ground?

It is probably a good idea for you to retain a lawyer. You would have a deadline to respond (should be in the documents you were served).
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Old 01-15-2017, 09:30 PM
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Without knowing details of your situation it is difficult to offer specific advice.

Presumably you reside in Ontario?
You state you have sole custody. How did this come about?
Did you have a lawyer at one time?

Here is a link to some basic information:

https://www.attorneygeneral.jus.gov....fc/part_8.html

What sort of document were you served with?

Did the document outline any sort of a parenting plan? What are the reasons she stated to justify a change in custody?
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Old 01-16-2017, 07:37 AM
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Yes I reside in Ontario.
C.A.S. was involved with both kids from birth and they are the ones who gave me custody of the kids. It was their lawyers that did all the foot work back then.

The document is a motion to change...her reasons stated are that she is older now and can take care of them now...she has a fiancee who she has been dating for 6 months. She has had 4 different addresses within the last 8 months
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