A happily married life and healthy kids are nothing less than a blessing. There are some households that are not illuminated by this sunshine. With the course of time, people realise that they cannot stand their partner anymore. Their relationship does not hold any meaning and in such cases, divorce is just the right choice. No doubt divorce is a peaceful exit from such a meaningless courtship but for kids the thorn ridden path just starts.
Separation from parents, comments from peers, disturbing court sessions…children really go through a lot during the annulment process. Moreover, there is a big question i.e. “who gets the custody of children?”
Parents can fight for the custody of their children, but in some special cases the grandparents can also be awarded the status of guardian of these children. Just like British Columbia’s Family Relations Act (S. 35), a similar law applies in entire Canada. According to family lawyers, grandparents or other blood relatives can be given custody of the child by court if it’s in the child’s best interest.
Pre-Requisites for Adoption of a Grandchild
When the grandparents are thinking about adopting their grandchildren then there are some points that should be followed.
- Both, mother and father, should agree to the fact that the grandparents can adopt their child. This is very important as by law they are the actual parents and therefore have full right to decide upon it.
- In case one of the parent does not agrees to grant guardianship of his/her children to the grandparents then the matter is resolved in the court.
- There is also a possibility that the children do not feel like staying with their grandparents. In cases where child is above 12 years, grandparents will not be given custody because the decision of the children is always given first priority.
- Since, grandparents are usually retired, hence it is possible that they might be facing some sort of financial instability. Adopting another life (of a grandchild) in such a case means financial burden, no matter how much you love your grandchild.
- If the court feels that the grandparents will be facing a financial crisis in near future due to adoption then, it may make certain special provisions for them.
In Canada, there are enough legal options for grandparents regarding this sensitive issue. Adopting a grandchild sometimes overrules the current parent-child relationship and places the grandparents at the place of the parents. Such a step may appear as odd to some, but for court, children are the primary concern. And if this action serves justice to everybody, then it is best one to go for.
Grandparents who are looking forward to adopt their own grandchildren will undoubtedly be entitled to a little more legal security. There are certain things that must be taken care of as well. In case the grandparents have insufficient funds, then the children will be sent to foster care. Therefore, we at Nanda & Associate Lawyers, advise parents to resolve such a situation to with due importance to children’s future. Talk to us anytime regarding this ‘grandparent-adopting-children issue’. Our family Lawyers Mississauga offer expert guidance regarding family law in Ontario Province.
