Looking for a consult re custody. No I'm looking to find out what my steps should be. I'm in canada British columbia

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Customer: Looking for a consult re custody
JA: What steps have been taken? Have any papers been filed in family court?
Customer: No I'm looking to find out what my steps should be
JA: The Family Lawyer will be able to walk you through that. Family law varies by state. What state are you in?
Customer: I'm in canada British columbia
JA: Anything else you want the Lawyer to know before I connect you?
Customer: Nope
Answered by Legal Ease in 6 hours 2 years ago
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Customer
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Customer
When will I chat with someone
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Legal Ease, Expert

Hello! My name is Debra (formerly known as Legal Ease). Thank you for your question. I'm reviewing it now, and will post back again shortly.

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Legal Ease, Expert

I am sorry to hear that it sounds like you are in a difficult situation.

Please let me know the basic facts and then your specific legal question.

Thanks

Customer
Hi
Customer
I'll text out info just now
Customer
I am the mother of a now 16 year old who has an almost 10month old she has struggled with post partum so on her days we switch every 3 days I am mostly carer for baby and she spends what time she can . Other grandparent and father are refusing me regular time with baby stating I'm just a grandparent and if my daughter is not fit I can maybe see her on weekend ministry cleared me as being supervisor. We had to give them more parenting time during covid as I had to be quarantined till test came back and figured was best situation as I'm health care provider. Both grandmas are the ones doing most of parenting baby is attached to both but now they are ending things what are my rights
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Legal Ease, Expert

Is the father living with his mother?

Customer
Hi
Customer
He's 16 also
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Legal Ease, Expert

And has anyone said the father is not fit to parent the child?

Customer
No but he goes out and parties ministry is aware that's why both grandparents are involved he has been emotionally abusing the mom ie text messages which we are going to police with to get a peace bond
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Legal Ease, Expert

The situation is terrible, without a doubt.

But the father is the legal guardian unless there is an order or agreement to the contrary. It's not his mother and it is not you.

So if it comes down to the child live with a parent who has the help of his extended family or a grandparent who doesn't have the mother living there for the baby you are not going to be treated the same.

A parent who can parent if there is extended family help is going to come first.

You will have to either get your daughter healthy so she can be an equal parent and she should understand that as time passes and the status quo goes on and on her situation is going to be weaker and weaker, or you are going to have to get an order from the court granting you interim sole custody or at least joint custody and to be able to get that you are going to have to prove that it is in the best interest of the baby to live at least half the time if not full time with you.

Or you can try and get an order that gives you fixed access that is extensive and again you would have to prove to the court that this is best for the child.

So your best next step is not to continue to deal with the ministry because if the baby is safe with the father who is living at home etc they aren't going to help you. It's not their role. Your best next step is to retain your own family lawyer.

Does that make sense?

You can contact the BC Branch of the Canadian Bar Association and use their Lawyer Referral Service. You will be given the name of a lawyer and can consult with the lawyer and the first half hour will be $25.

The number is:

***-***-**** or 1.***-***-****.

Please feel free to post back with any follow-up questions you may have. If you don't have any then I hope I have earned a 5 star rating but if you don't feel that I have please don't hesitate to reply back and let me know what more I can do to assist you. Finally, please know that even after you rate me I will be here for you and you can ask follow-up questions if you think of them later on at no further charge of course.

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Legal Ease, Expert

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