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I have a 12 year old step son that has been in the care of my husband and I since 2018. I am fully responsible for his medical care, food, clothing and everything else a mother would do. His biological mother has a supervised custody order, but no legal rights to him without dads consent. I struggle because I am mom but I have no rights to him. He and dad would like me to apply for guardianship. How do I go about this? Does his mom need to give her approval. We currently don't know her number or address and she has not seen him in over 6 months.
You can make a Family Law Act Claim, together with a sworn statement, for guardianship. You do need to serve, provide a copy of your filed court papers, all the guardians with a copy of your Claim and Statement, which would include your step-son's biological mother. Your twelve year old could also reply if he wants to. The forms are available on the Alberta Courts website. You could also go to Resolution Services for assistance with completing the forms. The Court Counsellors at Resolution services do not give you legal advice. You will need to contact a lawyer for that. Many lawyers offer one hour consults and legal coaching if you want to have a lower cost for this.
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