I am looking for some legal counsel. As part of a series of events that are far too involved to describe, my mother is

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Customer: Hi there, I am looking for some legal counsel. As part of a series of events that are far too involved to describe, my mother is being taken to court by her ex-partner in hopes of gaining 50/50 custody of their 1 year old son. I am 23 years old, the adult daughter of the respondent, and the half-sister of the child in question. The father (applicant) has a storied history of drug abuse, violence, and a rap sheet with the police already. My mom has previously been granted full guardianship of their son, but he is challenging this decision and attempting to build a case that my mother is mentally unfit to be the primary caregiver of their son. At this time, the father/applicant has filed 2 affidavits (and committed perjury throughout both documents), and my mother/respondent has filed her affidavit in response. I am wondering what I can do to assist here. Do I file an affidavit of my own? What are the best steps for me to take to get involved?
JA: What state are you in? Guardianship law varies by location.
Customer: Alberta, Canada
JA: Do the biological parents consent to the guardianship?
Customer: The biological father/applicant is challenging the previous guardianship order. He wants 50/50 custody
JA: Anything else you want the Lawyer to know before I connect you?
Customer: There is an ongoing criminal investigation as we believe the father was drugging my mom the last few months, potentially with the intent to cause fatal harm.
Answered by Debra in 7 hours 1 year ago
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Debra
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Debra, Expert

Hello and Welcome to JustAnswer. My name is***** will be working on your question today and I am looking forward to our conversation.

Customer
Hi Debra, thanks for your time!
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Debra, Expert

Please note that the experts don’t text so there may be a bit of a delay. If you don’t answer back for a while I may not be online when you do but I will never desert you and will check back often. As well, as I am working from home it is possible that I will be interrupted but I will always return back as soon as I can.

I am sorry to hear of this difficult situation.

Do you live in the house with your mom and your brother?

Does your mother have a lawyer?

Customer
Thank you, Debra.I do not live with my mother anymore. I live on my own. I have been with them often lately, and they stayed at my house for a week while she was searching for a new apartment to live in. We are very close. Currently, her mother (my Oma) is living with her full-time.My mother does not have a lawyer, and is currently representing herself. She is a very strong and smart woman, and her affidavit is strong but I fear not as effective as it could be with proper legal counsel.
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Debra, Expert

This is probably the biggest issue in her life. The consequences are so significant. If there's anyway she can retain a lawyer she should do so. If she cannot afford a lawyer she should see if she can obtain legal aid. Also, she can get some help from the closest family law information centre.

You sound extremely articulate. Why don't you also provide an affidavit that your mother can use? You are young but what you see is important. Perhaps your brother's doctor can also provide an affidavit?

Does that help?

Customer
I do agree. Unfortunately she does not qualify for legal aid and has been unable to get a lawyer at this time. I have told her to explore this website for help and perhaps by December/January she will be in a better position to get a lawyer.Thank you, ***** ***** there a special way to write a supplementary/supporting affidavit? This is a process I am largely unfamiliar with so I was to ensure I am not making any mistakes here.What kind of information would his doctor be able to provide?I should note, the father and his family have also chosen to have child protective services involved. The investigation is currently ongoing, but I believe they have heard enough from our side of the family to recognize that my mom is fit parent.I have written a statement that I submitted to child protective services for their investigation. Would you be able to read it and tell me if it would be an effective addition for an affidavit?
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Debra, Expert

I cannot read legal documentation. I am sorry about that. But has your mother try to make an appointment at the closest family law information center? They're free.

Customer
She has not, but I will recommend that she does.
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Debra, Expert

Good.

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Debra, Expert

Thank you for trusting us to help you here at JustAnswer. I am marking this post as complete. If you would like to ask me more questions please start a new post and if you do if you say “This is only for Debra” I will be sure to give your post top priority.

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