I’m interested in knowing how old you must be in Canada (Nova Scotia) to gain legal custody of a child.

Thanks

I am not in Canada, but contact someone in the Legal field they should be able to help answer all of your questions…

My fiance’s brother wants to gain custody of his daughter who is living with the mother’s mother. The mother signed over her rights to her mother, but the father never signed anything. Does this give the grandmother full rights to the child or is the father able to take custody of his daughter? Currently the grandmother is trying to limit his visitation, is this legal of her? She works at a law firm and is using her job to take advantage of his ignorance to child custody laws.

They have not been to court for this or filed for legal custody. The grandmother has filed for child support though and was granted it from both the mother and the father.

They live in the state of Maryland.
Warenjudew – can you supply sources for me to read that say that if the grandmother has claimed child support that it automatically gives her court awarded custody? Even if the father is not absent and sees his daughter regularly.

It is impossible to get child support on a child you do not have legal and or phsyical custody of. and maryland has different standards for each of them. If the child lives witht he grandmother and the legal guardian, the mother, put the child there then she has physical custody of the child.

Your fiance’s brother needs to establish his parental rights. I can only assume that they weren’t married at the time of birth, which in maryland gives him ZERO legal rights tot he child. But here is where it gets confusing. If they were married then he already has legal rights to the child and there should have been specific visitation outlined in the divorce decree. If they weren’t married then the state of Maryland has to prove paternity in order to get child support, unless he just rolls over and gives in, which is not in his best interest. 33% of men paying child support in the US are paying for children that are NOT biologically theirs, but once support is established you can’t go back and say "But i took a DNA test and I’m not the daddy!", in the eyes of the law you are the daddy you paid for the child and biological matters are of no concern.

Have this guy come to http://groups.yahoo.com/group/DadsHouse/ that is a group on yahoo’s that is specifically for dad’s rights and we have people who have been through similar situations, judge’s lawyers, children advocates and other dad’s and step-mom’s on here to use as sounding boards and get advice from.

Good luck!

I was informed last night that my ex will be trying to get custody of our 8 yr old son that we share joint custody with but I have primary of. I was wondering if there is a judge that will grant her custody of our son after all this time with no evidence of negelet or any form if unhappiness. Our son is stable here and happy. Please someone give me some help. I am losing my mind here because I know that I can not afford a lawyer.

I doubt if a judge would change where the child lives after all this time. she can try all she wants but unless she can prove neglect, she won’t be able to get custody.

‘BuyTheWay’ – You are joking, aren’t you?

The mother is WAY more likely to get custody because society is the erroneous assumption that women are better parents by default.

When, in fact, the vast majority of prison inmates were raised by single mothers.

I am involved with a woman and found out 10 years ago she lost custody of her son and was allowed only supervised visitation. Wouldn’t it have to be a very serious issue? I don’t want to marry this woman and have kids if she has serious issues!

Either she was a serious drug user or it was shown that she was abusive to her child/children.It has to be pretty severe for a mother to have lost custody & with supervised visitation,the state must see her as a threat to the child’s well being,both physically & emotionally.She’s is keeping something from you so if she can’t be honest & open up about this stuff,you need to reconsider the relationship.If it were me,I would cut all ties & walk.It might be hard at first but it will be harder if you stick around.

State of Florida.
Parents are unmarried from conception through the birth of their child.
Father is not named on the birth certificate.
Couple is no longer together, the father having moved out, leaving the child to live with the mother full time.
Does the mother automatically have full custody by default in this situation? Does the father have any legal custody rights at this point, or will those rights be granted only after he files a case in court?

if the father has not paid child support & abandoned the child to the mothers care. he will have to prove paternity in this case since he is not named as the father. If proven to be the father he will have rights, but not get custody of the child unless he can prove the mother unfit. he can get visitation with the child, but only through the courts. he has no rights other than those that are morally right for the child which should be the first & foremost in the mind of both parents. Having a father in a child’s life is indeed very important ( depending on the character of the father realistically , not because of a mothers anger)*

I just received a letter that my 16 year old grandson is now in legal custody. His mother would not let me talk to him for the last two years.
Can I get legal custody since I live In Louisiana?

Sure take it to court. You are the closest relative. The state is not in the business of taking care of children. They want him to be with his family. I urge you to get him. She obviously was an unsafe mother and the husband seems to be out of the picture. You are his closest relative (next of kin).

Is there free legal help in the San Bernardino county (Inland Empire) area that focuses on child custody hearings and/or legal assistance with all the paperwork that is involved. I’m in the beginning stages of a child custody battle but I don’t have money to hire an attorney. Any help would be much appreciated.

There are some very good resources on child custody battles, some are free , some are paid (anyway, nothing compared to lawyer fees). This one , for example, helped me, there are 2 legal experts giving advice here.

+I’ m 16 and have been living away from my parents for almost a year.
+My father is willing to sign my custody over to someone else but my mother is not. They are married and both have custody.
+What forms and papers would be needed to get the change accomplished?
+What offices or persons should i consult?
+I have a responsible adult willing to take over my custody until i turn 18.
+What, if anything, would that person need to do to be able to obtain my custody?

You will need an attorney in any event to take care of the paperwork. I don’t believe you could do the paperwork yourselves. If nothing else, talk to the Legal Aid office in your area.

Visit: http://tinyurl.com/okhun5 for more info.

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