Custody and death of a parent

[mnh]

Posting from Ontario, Canada.

My fiance's ex wife has just passed away. Her and I had a good relationship with no animosity. My heart is breaking for my step-kids. Her mom has always been involved with the kids through her and we have no intentions on withholding the kids from her. We know that wouldn't be healthy for them, however, we do think she may try to get some custody or rights as Grandmother- despite us both giving her our word we would allow her to see them. She doesn't seem to be hearing us.
Does my fiance automatically get custody of the children? Does he have to fill out any paperwork to establish he has full custody. They recently finalized their divorce in November and it was documented that he and his ex had joint custody, 50-50. Does he have to submit anything saying she has passed to the courts or the government?
Regardless of what their Grandmother tries to do he would like it documented that he has full custody.
Thank you

 

[Zigner]

Posting from Ontario, Canada.

My fiance's ex wife has just passed away. Her and I had a good relationship with no animosity. My heart is breaking for my step-kids. Her mom has always been involved with the kids through her and we have no intentions on withholding the kids from her. We know that wouldn't be healthy for them, however, we do think she may try to get some custody or rights as Grandmother- despite us both giving her our word we would allow her to see them. She doesn't seem to be hearing us.
Does my fiance automatically get custody of the children? Does he have to fill out any paperwork to establish he has full custody. They recently finalized their divorce in November and it was documented that he and his ex had joint custody, 50-50. Does he have to submit anything saying she has passed to the courts or the government?
Regardless of what their Grandmother tries to do he would like it documented that he has full custody.
Thank you

Sorry, this forum is for US law matters only. When you DO find a forum dealing with Canadian law, I would suggest that you have one of the legally involved parties post their own questions.

 

[LdiJ]

Posting from Ontario, Canada.

My fiance's ex wife has just passed away. Her and I had a good relationship with no animosity. My heart is breaking for my step-kids. Her mom has always been involved with the kids through her and we have no intentions on withholding the kids from her. We know that wouldn't be healthy for them, however, we do think she may try to get some custody or rights as Grandmother- despite us both giving her our word we would allow her to see them. She doesn't seem to be hearing us.
Does my fiance automatically get custody of the children? Does he have to fill out any paperwork to establish he has full custody. They recently finalized their divorce in November and it was documented that he and his ex had joint custody, 50-50. Does he have to submit anything saying she has passed to the courts or the government?
Regardless of what their Grandmother tries to do he would like it documented that he has full custody.
Thank you

No, he does not have to do anything to have custody of his children. He already has custody and by default it is now sole custody.

 

[mnh]

Sorry, this forum is for US law matters only. When you DO find a forum dealing with Canadian law, I would suggest that you have one of the legally involved parties post their own questions.

That wasn't read when I was registering, and why would it allow me to register without having a US zip code, gave me the option to put "00000" if I was from outside of the US.
I am a party involved and, I apologize my fiance is struggling a little right now and I am only trying to help keep MY family together as they are all apart of my family. I am sorry I am the one that is currently capable of researching and finding information at this time to try and help make things a little easier for him right now.

 

[Zigner]

That wasn't read when I was registering, and why would it allow me to register without having a US zip code, gave me the option to put "00000" if I was from outside of the US.

I'm sorry that this wasn't clearly communicated. But it is what it is.

I am a party involved and, I apologize my fiance is struggling a little right now and I am only trying to help keep MY family together as they are all apart of my family. I am sorry I am the one that is currently capable of researching and finding information at this time to try and help make things a little easier for him right now.

Sorry, but you're really not legally a party this. Best of luck to everyone.

 

[Just Blue]

That wasn't read when I was registering, and why would it allow me to register without having a US zip code, gave me the option to put "00000" if I was from outside of the US.
I am a party involved and, I apologize my fiance is struggling a little right now and I am only trying to help keep MY family together as they are all apart of my family. I am sorry I am the one that is currently capable of researching and finding information at this time to try and help make things a little easier for him right now.

When you started the thread there was a question and comment:" U.S. Law Only. What is your U.S. State?"

 

[quincy]

That wasn't read when I was registering, and why would it allow me to register without having a US zip code, gave me the option to put "00000" if I was from outside of the US.
I am a party involved and, I apologize my fiance is struggling a little right now and I am only trying to help keep MY family together as they are all apart of my family. I am sorry I am the one that is currently capable of researching and finding information at this time to try and help make things a little easier for him right now.

People outside the US often have US law questions. I agree that it is not made entirely clear that FreeAdvice handles US laws only, though.

 

[LdiJ]

People outside the US often have US law questions. I agree that it is not made entirely clear that FreeAdvice handles US laws only, though.

While I agree with this, the answer I gave in my previous post was accurate for Ontario, Canada. Grandparents have no more inherent rights to their grandchildren in Canada than they do in the US.

 

[quincy]

While I agree with this, the answer I gave in my previous post was accurate for Ontario, Canada. Grandparents have no more inherent rights to their grandchildren in Canada than they do in the US.

Okay ... I am sure you know the laws and case law in Ontario to back that up.

 

[Zigner]

While I agree with this, the answer I gave in my previous post was accurate for Ontario, Canada. Grandparents have no more inherent rights to their grandchildren in Canada than they do in the US.

Grandparents in BC are often allowed court ordered access to the children based on a "best interest of the child" decision. Granted, there are no specific laws allowing them access, what is more important is that there are no laws specifically prohibiting a court from ordering access.

 

[quincy]

Grandparents in BC are often allowed court ordered access to the children based on a "best interest of the child" decision. Granted, there are no specific laws allowing them access, what is more important is that there are no laws specifically prohibiting a court from ordering access.

And here is a link that outlines grandparents rights in the provinces in Canada and speaks to Ontario's 2016 law giving grandparents rights: https://www.thespruce.com/grandparents-visitation-rights-in-Canada-1695472

Please don't guess at laws, LdiJ. Canadian laws OR US laws. Thanks.

 

[LdiJ]

Grandparents in BC are often allowed court ordered access to the children based on a "best interest of the child" decision. Granted, there are no specific laws allowing them access, what is more important is that there are no laws specifically prohibiting a court from ordering access.

The OP is not in BC, the OP is in Ontario. However, its true, just as its true in the majority of the states in the US that grandparents can generally sue to attempt to get access or visitation. However, its no easier to win that kind of suit in Canada than it is in the US.

 

[Zigner]

The OP is not in BC, the OP is in Ontario. However, its true, just as its true in the majority of the states in the US that grandparents can generally sue to attempt to get access or visitation. However, its no easier to win that kind of suit in Canada than it is in the US.

Doesn't matter, Ontario is the same (http://www.ontla.on.ca/web/bills/bills_detail.do?locale=en&BillID=4196).

Now, would you care to provide a cite showing the ease (or difficulty) of this occurring in Canada? I doubt it.

 

[LdiJ]

Doesn't matter, Ontario is the same (http://www.ontla.on.ca/web/bills/bills_detail.do?locale=en&BillID=4196).

Now, would you care to provide a cite showing the ease (or difficulty) of this occurring in Canada? I doubt it.

Yes, there are grandparent visitation laws. We have those in the US too.

 

[quincy]

The OP is not in BC, the OP is in Ontario. However, its true, just as its true in the majority of the states in the US that grandparents can generally sue to attempt to get access or visitation. However, its no easier to win that kind of suit in Canada than it is in the US.

Read Ontario's "Bill 34 Children's Law Reform Amendment Act."

Canada is NOT the US. Again, don't make things up.