Child Custody Legal Guidance

Summary

In Alberta, a father seeking to regain custody should demonstrate he was unaware of any abuse, cooperate with Child and Family Services (CFS), and provide a safe environment for the child. Legal advice on whether to separate or divorce the mother may be necessary. Alberta case law, such as D.G. V. Alberta (Director of Child Welfare), highlights the importance of the childs best interests and may support separation to ensure the childs safety. Consulting with a family law attorney can provide guidance tailored to the specific circumstances.

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Dutch
Hi Dutch! How can I assist you with your legal issue today?
There was a father who came home from work and found his child sick. The child was home with his mother. The father took the child to the children's hospital and Doctors office and they cleared the child to go home. Eventually, the child gets very sick once again.CFS is involved and they think the child is getting abused by the parents. Child is taken away. Then it’s found out the child has sustained brain injuries. CFS then applies for temporary guardianship of the child from the court, but the parents oppose this. The parents eventually consented to the temporary guardianship order up until the date of the trial. CFS then says "after some consideration, the child will not be safe with the mother and father, so we will now apply for a permanent guardianship order". The mom will admit to child abuse in court. We represent the father in this matter, and we need to know what he should do to get full custody of the child again. Does he need to divorce the mom?
To increase his chances of regaining custody, the father should:
- Demonstrate he was unaware of the abuse.
- Cooperate fully with CFS.
- Show that he can provide a safe environment for the child.
- Seek legal advice on whether to separate or divorce the mother.
Has the father already taken any legal steps to separate from the mother?
is there any case law to back this up?
Here are some key points and relevant Alberta case law:
- Best Interests of the Child: The paramount consideration in custody cases (Family Law Act, RSA *, c F-*.*).
- Separation of Parents: Demonstrating the father's commitment and ability to provide a safe environment might involve separation or divorce (D.G. v. Alberta (Director of Child Welfare), * ABPC *).
Has the father started any legal process to separate from the mother?