hi i am new in here and would like to find infor about child custody and what if u are first nations do u have more rights to the child due to that fact
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Hi midnight 4519,
Welcome to the forum. I am non status native. Native heritage is part of the child's culture. I wouldn't think that being native would have anything to do with having more rights.
I am not sure of the jurisdiction you are in , but in Ontario and most other jurisdictions, incidents of custody and access are determined with the best interest of the child as only the only consideration. This is paramount.
Every case is very fact dependent.
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Hi midnight 4519 and welcome to the forums!
As logicalvelocity says, the test is what’s in the best interest of the child. There is some case law that in considering what’s in the child’s best interests, the court must take into account that the child is Aboriginal. Basically, a court will want to ensure that the parents will keep the child in touch with his or her heritage.
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