This is a family law question concerning child custody. There are no legal papers. it has been an amicable verbal

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Customer: This is a family law question concerning child custody
JA: Who currently has legal custody?
Customer: There are no legal papers. it has been an amicable verbal agreement for several years
JA: Is there a child custody order in place?
Customer: no The issue is that the mother is with holding the Father from seeing his son
JA: Anything else you want the Lawyer to know before I connect you?
Customer: The parents separated and since then it has been an amicable verbal agreement of 50 custody because they desired to avoid court and legal fees. However, the mother has falsly filed for the entire child tax credit since the separation. The 50-50 verbal agreement becomes threatened whenever the mother feels she's losing control, for example, when the Father asked for a letter from her stating that it has always been 50-50 custody since the date of separation. He wanted this letter to file for his half of the Child Tax Credit and so she then threatened to file for sole custody. At this present time, she is withholding the son from seeing his Father, ever since she decided she didn't like the woman that the Father is now dating. Afterward, she is making the claim that she wants full custody now because the son (age 6) is having mental health issues and blaming it on the Father.

Answered by Debra in 1 hour 2 years ago

Debra

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Debra

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Debra, Expert

In what state is this happening?

Debra, Expert

I'm sorry, I see this is Canada. I will transfer you to our Canadian section.

Debra, Expert

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

Debra, 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.

What is your specific legal question?

Customer

I just responded by text. Thank you for connecting

Debra, Expert

Your text did not go through. I only see this:

I just responded by text. Thank you for connecting

Customer

Ok. Yes I prefer a phone call. You're welcome to call tonight or tomorrow.

Debra, Expert

I don't take calls. Some of the other experts do. And, your call payment failed each time you tried. I don't work for the site but they do give the expert that information.

Customer

It says my payment info needs to be updated, but I've tried twice with two different cards. I'm not sure why because there are funds in both accounts

Debra, Expert

It is usually because the credit card companies think this is a scam.

Customer

It's my visa debit

Customer

I used your service once before and it worked

Customer

hang on

Customer

I"ll try one more card that might work

Customer

I"m about to try another card.

Customer

That looked like it went through

Debra, Expert

Do you want to see if another expert takes the call?

Customer

No It's fine for th emoment. okay since we'll hold off on a phone call, let's stick to the scenario that is currently at hand.
Monday my son Brandon visited a friend, which they have mutually decided to date as a couple. This is a former friend of my son and his x-fiance Katie (his son's mother). Brandon and his son Ryland visited his new girlfriend, Raylene on Sunday afternoon. The visit was kept very platonic in nature. Ryland is also friends with Raylene's children and also knows Raylene too. This is not a new introduction. When Katie found out about the visit, she was furious and forbid him, both Brandon and Ryland to see Raylene.

Customer

Katie and Brandon had a verbal agreement of 50=50 custody

Customer

They didnot want to go through the courts

Customer

When Brandon took Ryland back to Katie this Saturday, she wanted him to sign a piece of paper agreeing to only two weekends a month and she would have sole custody

Customer

Tonight, she is using the excuse that Ryland is breaking down and having fits and his mental health is not good

Customer

We have noticed this with Ryland since homeschooling through the school board has started but she says that Brandon is the cause of it.
.

Customer

Stating that because he has moved to a new relationship it's messing with his son's head

Customer

I guess the bot***** *****ne is, I know that there is no formal custody agreement, but my son has tons of people who witness he has had his son on a 50-50 basis since the separation March 2019. Can he apply for some sort of "status quo" to force the custody situation to remain 50-50, if he has proof?

Customer

Secondly, As grandparents, we want a legal right to make arrangements to see Ryland and take him for "outings" with any squabbling from her. She is very controlling and manipulative. We feel a legal document for grandparents rights would prevent any chaos. Since it's the law she would be required to abide by it.

Customer

In addition, just a side note, when Brandon left Katie, he took the responsibility of paying half of Katie's rent to ensure Katie had enough funds to care for Ryland, with a roof over his head. This was while she was on Social Services cheques and receiving the Child Tax Benefit monthly. Brandon was entitled to the Child Tax Cheque but she illegally reported that she had sole custody on her income tax and Brandon tried to get her to sign a piece of paper for 50-50 but she would not. In the meantime, he scraped by to pay half her rent and care for Ryland half the time, while carrying the usual living costs.

Customer

He wanted to fight for his share of the Child Tax Credit but a lawyer previously advised that if his son was his priority then the fight was not worth it. Brandon has always made it a priority to put his son first.

Debra, Expert

Brandon will need to retain a lawyer as they will no longer be able to rely on their verbal agreement.

The lawyer will try to negotiate a formal custody/access agreement and if they cannot then your son will need to apply to the court. Your son will be able to have you see your grandson when he's with the child.

Does that make sense?

Customer

Sort of. Right now she's withholding any access to Ryland unless he signs a paper with her own custody arrangements of two weekends a month.

Customer

Can she do this? She will not allow Brandon to see Ryland. She said he won’t see him until the case is settled in court.

Debra, Expert

And that's why he needs a lawyer because he can't sign it. But they have 50-50 custody. This is parental abduction and he needs to get a lawyer to deal with this as an emergency.

Customer

I will let him know tomorrow what he needs to do. I said I would enquire because he was really upset and had to go to work tomorrow. I think you gave me the words that do make this an emergency. Appreciate your input very much. The words “child abduction” makes complete sense.

Debra, Expert

You are very welcome.

Debra, 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.

Customer

Ok thank you. Have a good night.

Debra, Expert

You too.

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