As Grandparents we have had our grandchild since birth. We have consent from each parent to have custody. FCS have been involved in the past year and agree the child is to continue residing with us. They don"t help with the process and we don't know what forms do we need to fill out in order to take this through the courts so that it is legal?
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Answer: A Court Application for custody must be issued and served. This is perhaps the most complicated area of family law. Given the difficulties that grandparents seeking custody face under the law, as typically they have almost no legal rights, it is strongly recommended that you retain a family lawyer to assist you.
(The information provided above is general, not legal advice, as circumstances vary from case to case. Thus, if you wish legal advice that you can rely upon for your specific case, please contact Douglas Briand for a free consultation).