My husband has full custody of his 8 year daughter and but allowed her to live full time with his mother the 8 year olds

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Customer: please my husband has full custody of his 8 year daughter and but allowed her to live full time with his mother the 8 year olds grandma mother but the grandmother is refusing him to see her
JA: What steps have they taken? Have they filed any papers in family court?
Customer: no they threaten but havent so now we we want to take action now its been a year since we have seen her
JA: Family law varies by state. What state are they in?
Customer: welland ontario canada
JA: Anything else you want the Lawyer to know before I connect you?
Customer: not that i can think of
Answered by Legal Ease in 12 mins 1 year ago
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Jessica

Jessica

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Legal Ease, Expert

Hello and Welcome to JustAnswer. My name is***** will be working on your question today and I am looking forward to our conversation.

Customer
Perfect thank you
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Legal Ease, Expert

Please note that the experts don’t text so there may be a bit of a delay. If you don’t answer back for a while I may not be online when you do but I will never desert you and will check back often. As well, as I am working from home it is possible that I will be interrupted but I will always return back as soon as I can.

I am sorry to hear of this difficult situation.

How long has the eight-year-old been living with her grandmother and why did your husband allow her to live full-time with the grandmother and why is her grandmother refusing to allow her son to see his own daughter?

Customer
The 8 year has been there since birth and he gave the child to his mother because if his work hours and he was living there with them at one point they are refusing him from seeing her because of a drug problem he had but he's been clean for 8 months and also refusing her from him because they don't like me
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Legal Ease, Expert

Whether your spouse has an order for sole custody as compared to what the biological mother may have really your spouse does not have sole custody. He doesn't have custody at all. The grandmother has custody because the child is living with the grandmother full-time for eight years. That's her home.

So your spouse is going to have to apply to the court for an order for access so that he can see his daughter. And the court very well of require frequent and ongoing proof that he is not using drugs.

Does that make sense?

Customer
Okay so for access
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Legal Ease, Expert

He has to bring an application to the court. It would be best to retain a lawyer because this is going to be difficult.

What you can do to find a lawyer is one of the following things.

You can contact the Law Society 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 free.

Here is a link to the site:

https://lsrs.lso.ca/lsrs/welcome

Or you can check on a site called lexpert. This is a legal directory of leading lawyers and law firms throughout Canada and is well-respected by the legal community.

Here's the link to their website:

http://www.lexpert.ca/directory/find-lawyers-or-law-firms/

Does that help as a starting point?

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Legal Ease, Expert

Thank you for trusting us to help you here at JustAnswer. I am marking this post as complete. If you would like to ask me more questions please start a new post and if you do if you say “This is only for Debra” I will be sure to give your post top priority.

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