Hello I was wondering if anyone out there could help me in regards to family law and tell me as to what rights family members would have towards a 6 month old child and are they able to get visits ? If so for how long and are they able to just come pick up my daughter seeing that she is only 6 months old with out any court documents and if they decided to go to court for visitation or access would it be granted pleaseeeeeeeeeee help me asap

Thank you

scared_01

What particular "family members" are you talking about? It will be different if it's the father, the aunt, the grandmother, etc. Also, your location is important as laws vary by locality.

The particular family members are aunts uncles especially but also grandparents and any other inlaws you can com up with id like answers for all if u know any I live in canada ontario please get back to me

This may help Grandparents' Rights in Canada - Grandparents Legal Resources

Grandparents have been extended some rights, but that generally doesn't go any farther as far as family members.

Also the situation has bearing. Why are the family members not be allowed to see the child?

P.S. This site does not allow text speak we type in full words and sentences here.

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Originally Posted by scared_01

... and are they able to just come pick up my daughter ...

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No. Next time they come by without any prior arrangement, tell them "no". Tell them that next time they should have the baby's father arrange their visitation with you, in advance.

Well I would like to have answers for all of the family fathers grandpaernts especially Aunts and Uncles more then anyone else and I am in ontario canada

Well like I had explained earlier my daughter is only 6 months old and I feel she is too young for her to go off on her own with out me especially when I don't allow her own father to yet take her on her own and he is fine with me bringing her sooo even though her aunts don't want me around for some unknown reason I can't figure out yet ! They also don't know her sleeping scheduals or eating scheduals or how much to feed her at a time and since she has been born I have done everything they ask and I have always brought her to see them whenever they wanted me to but reciently because of a few issues going on they now don't want me around sooo they want to beable to come get her ! I don't want to so they are threating me that they would take me to court so I was wondering what rights they would have in a court ?

They won't have any rights in court. Visitation is for the parents and in some locations the grandparents.

The father of course has full rights to take the child and have the child for over night visits, if you are not allowing this, he can merely file in court for either joint or proper visit times.

You can not force the father to visit in YOUR home with you there, if you and he are not together.

But you do not have to allow the other people to visit at all.
The grandparents can go to court and get specific visits, but they should be seeing the child when the father takes the child to his home ( again unless he is proved a danger he can get very easy)

Specifically in Ontario there are NO rights for extended family members (aunts, uncles, cousins). Grandparents CAN petition for visitation. The Courts look at what is in the best interest of the child, not what is in the best interest of the grandparent. Legislation is being worked on to make Grandparents' rights automatic but so far no legislation has been passed.

"Child access for the third parties is covered under the federal Divorce Act and provincial assess legislation. Access may be awarded if it is shown to be in the child's best interest. Only Quebec, Alberta and B.C. have access legislation that presumes contact with grandparents is in the child's best interest. This places the responsibility with parents to show serious cause why access would not be in the child's best interest. Other provinces place responsibility onto the grandparents to prove that denied access will actually harm a child (Andreiuk, 1994)." http://www.cangrands.com/accessfacts.htm

If you want control of the situation you should get a Court Order. At this moment you and the father have equal control over the child. If you want the final say you must get a Court Order to that effect.

If the father decides that your "rules" are unfair (or he simply doesn't like them) he can go to Court and get an Order which would outline when/where/how he takes the child. When he has the child, of course, you cannot control who sees the child - it would be at his discretion unless the other party is abusive or a threat to the child.

EDIT: I realize that you have recently been arrested, stating that your boyfriend stole merchandise, you returned it at another store and were arrested for returning stolen merchandise. Your parents have a "no contact" order against your boyfriend. He cannot visit you or call you at your parents' home. I am guessing that his family feels the same way about you that your family feels about him. I thought he was in jail - so why is visitation an issue? It appears he cannot take the child.

Your explanation of your arrest and the reasoning behind it is extremely difficult to follow - you refer to "them" getting a no contact order and later explain that "them" is your family. https://www.askmehelpdesk.com/crimin...-a-567840.html

Whoa, I just read through the other thread. You didn't think your legal troubles were pertinent to this issue?

Reading through the other thread, it looks to me like you and/or your boyfriend (is he the father of any of your children?) stole an item. Then attempted to return the item for a gift card (not because it had been stolen). That is fraud!

So, from now on, you need to be upfront and truthful with us, if you want help. You have 2 children with one on the way? One of which is 6 months old? How old are you? Are they all the same father, if not what is the count of father's. Which father is the issue for this question?

Ok yes I have 2 kids and one on the way the 1 St child has a different father then the seco d and third child my second and third child has the same dad and he is the one who is the guy who is involved in mylife at the moment and who has gotten me into trouble and who is currentlyback In jail so all and all I will have three kids two fathers only ! I am 29 yrs old the father that is the issue for this question is the one who got me into the trouble ! And his fMily suddenly don't want me around cause they are saying I never made their son bad but I'm no help and I made him worse then he was and I am his girlfriend Nd mother of his children and not his mom so he is suppose to be the man and stay out of trouble they alsodo t want me around cause one night he I and our dAughter went to his sisters place and he took alcholol from her place and they think I was involved in it and knew he took it but I seriously didn't know until much later when there argument broke out about the bottle and so now they have seen my daughte since cause all they want to do is to be Ble to come pick her up and take her for a while on their own and I don't want that until she is much older at least walking and talking am I being wrong for doing that ?

You would be wrong only if the court has ordered visitation. If not, you have control, but if there is no court ordered visitation now, then its likely the court will order it if the father goes to court for it. If the father is in jail, then the grandparents may be able to go to court for visitation.

Ok everyone here is the recent update ! Since my last question a few things have changed but unfortunately not for the better ! Since then my daughter is now 18 months old and who has a sister who is 8 months old ! So yes they r 11 months apart my boyfriend who is their dad has since wanting to break up with me once again and is threating to take me to court for visitation however his life worries me about the girls He is a good dad when I'm there and around him but I am worried for there safety with him alone he drinks daily and does some types of drugs weather it is before we get together or after we leave him ! What is or would be his chances of getting his girls on his own ? Please help me I'm scared that he will even try to take them completely from me cause he hates that I'm going to get them at all ! To the point he will use and lie about anything to have them from means out of my house I'm afraid the courts will listen to him more then me !

::Sigh::: This is a story we have seen repeated here over and over. The guy was good enough to have sex with. He was good enough to father not one but TWO of your children. He was good enough to be a father to all your children. But now, that you want to split from him, he's an alcoholic drug addict that you don't trust with your children.

You will have to provide concrete proof that he is a danger to the children otherwise the court will say the same thing I just said and award him visitation.

Nothing has changed for the better since your last post. You are going to convince the Court he is "bad" for the children when you keep having children with him?

Prove he's a danger. Prove you are NOT a danger. Prove you didn't make bad choices.

Otherwise - same info as the first time around.