I am wanting to give my partner guardianship rights over my child without having the biological father stopping child

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Customer: I am wanting to give my partner guardianship rights over my child without having the biological father stopping child support
JA: What steps have you taken? Have you filed any papers in family court?
Customer: Yes I have a Parental Agreement where I have sole physical custody and her biological father signed his rights away
JA: Family law varies by province. What province are you in?
Customer: Prince Edward Island
JA: Anything else you want the Lawyer to know before I connect you?
Customer: No
Answered by Debra in 2 hours 2 years ago
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Debra
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Debra, 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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Debra, Expert

I am sorry to hear that it sounds like you are in a bit of a difficult decision.

When you say that your daughter's biological father signed his rights away do you mean that he is not even exercising access rights to your child?
Customer
That is correct the terminology in our Parental Agreement is that I have sole custody and guardianship and that he does not wish to form or maintain a relationship with our child
the only thing he needs to do is pay child support but does not even do that
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Debra, Expert

The biological father had to pay child support unless your new partner adopts the child so consenting to your new partner being a guardian of your child does not in anyway affect your child support rights.

Given the agreement you don't even need the consent of the biological father to agree to appoint your partner as legal guardian over your child along with yourself.

You can certainly seek to enforce child support if you wish to do.

Does that help?

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.

Customer
One more question what do I have to file to appoint my partner being a guardian?
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Debra, Expert

You can enter into an agreement unless you need this for something like school.

If you do then ask the school what they want to see. If they want a court order you can apply for one on consent but I doubt that is necessary.

Customer
Ok thank you so much!
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Debra, Expert

You are very welcome.

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