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Originally Posted by trina
I went to court here in Canada and was granted full guardianship and parental rights of all three children (including step-son), based on the fact that my stepson has a voice in court and I have been the only mother he has known for over 7 years.
The father would never grant permission for this adoption, and the mother - God only knows how I'd even find her.?.
Any thoughts on where I would even start this process? Being that he has lived here for the past 7 years, would I need to go through Dominican law, or would it be based on his current residence, in Canada?
Any help would be appreciated.
Thank you!
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That's tough situation. At least you have custody and guardianship. I found this about Ontario:
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Consent of parent, etc.
(2) An order for the adoption of a child who is less than sixteen years of age, or is sixteen years of age or more but has not withdrawn from parental control, shall not be made without,
(a) the written consent of every parent; or
(b) where the child has been made a Crown ward under Part III (Child Protection), the written consent of a Director. R.S.O. 1990, c. C.11, s. 137 (2).
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Ref:
CanLII - Child and Family Services Act, R.S.O. 1990, c. C.11
Maybe he would have to be made a Crown ward first and then you could adopt him. See a lawyer.
If you wait until he's 19, you can adopt him without parental consent since you have a long established relationship and he'll be an adult who can choose his own family.
Best of luck Trina. Is it the passport that's an issue? What other Canadian citizenship rights would be worth the legal costs?