Looking for Canadian laws, in regards to custody of my great niece, have had her since September of 2020, mother walked

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Customer: Looking for Canadian laws, in regards ***** ***** of my great niece, have had her since September of 2020, mother walked away March of 2020 stated she was not ready to be a mother, CAS involved prior to that, father my nephew has custody was living with me and took off with daughter end of May 2020, called me in September 2020 to come and get daughter, daughter is three and a half, father did not send any support till October 2020 and only $100 to $200 in January told him I hired a sitter for three days a week now has sent $500 a month, can I go for custody or guardianship of my niece
JA: Have any guardianship papers been filed in Canadian family court?
Customer: no
JA: Do the biological parents consent to the guardianship?
Customer: mother would, father may fight it ??
JA: Anything else you want the Lawyer to know before I connect you?
Customer: when father took off with daughter was living in a motel till asked to leave then went to a shelter, asked to leave then moved in with girlfriends sister, 2 bedroom house with three kids of her own , daughter came to me, then he was kicked out there and now living in a one bedroom apartment with a couple and their new born
Answered by Debra in 1 hour 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.

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Debra, Expert

Please note that I am working from my computer and not actually texting. 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.

Finally, although the site offers a call option I personally do not take calls but just work online. Some find this confusing as it looks like the offer is coming from me but that is just how the site presents the offer and it really isn’t coming from me. Some of the other experts do take calls and so you are very welcome to request a call on this post and an expert may take it. They will have the benefit of reading our exchange which should work out very well for everyone involved!

I am sorry to hear of this difficult situation.

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Debra, Expert

Will the biological parents consent to your having custody of your great niece?

Is the CAS still involved?

Customer
CSA not involved, I called them in January, and because the child was safe they told me there would no involvement. Mother would give consent, but father will try to fight it
Customer
not at this time
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Debra, Expert

Then you will need to bring an application to the court for an order for custody of the child. The mother and father will both have to be served and the mother can consent. If the father contests then you and even the mother will have to prove to the court that what you were asking for is in the best interest of the child. While it is the case that if mother agrees your case will be stronger it's not necessary that she does and her not contesting will help

Your best next step if it all possible would be to retain a family lawyer.

Does that help?

Customer
Sorry I did not get a chance to answer was at work till after 8pm, This helped a lot, now Need to apply for legal aid assistants to proceed, thank you
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Debra, Expert

You are very welcome.

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Debra, Expert

Thank you for trusting us to help you here at JustAnswer. If you would like to ask me new 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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