Sister Is Incapable Of Raising Niece, The Father Is In Jail.

In summary, my father, my older sister and I want to take my niece from my younger sister. The child always comes last, she’s extremely lazy. Always spending her money on bs and then asking us to take the child when she doesn’t have enough money to feed the child. Always asking us to babysit so she can go galavanting with friends. Can’t even sit to read with the child and nurture her but she can tell you how many nights out she’s had.

The child does not get enough attention, my sister is always on her phone doing god knows what. Resorts to sticking an iPad in the child’s face when she doesn’t want to deal with her which is very often. Basic things needed to be done are not being done. She is on welfare lazy af with no ambition. We fear the child will end up like her or worse.

We live in Ontario, legally they are still married, but separated (divorce coming I don’t know when). The father’s name is on the birth certificate but he has multiple crimes under his belt including domestic violence against my sister and attempted murder and whole slew of other things. He is currently in jail.

How would we go about this?

Surely my sister cannot just give her to us? There’s nothing legally binding in that…

If we get children’s aid involved, would they even consider giving her to us or would she automatically go into the system?

Will this be a lot of legal issues?

Will they consider giving her to her delinquent father?

Is this situation not serious enough for the law to consider giving us custody? Since the child is not being abused or severely neglected?

If my sister is willing to give the child up and sign rights away would that make things easier?