How to Get Full Custody of Your Child in Alberta

To obtain full custody of your child in Alberta, you must provide evidence that you are the more suitable parent and that awarding you full custody is in the child’s best interests. These interests encompass overall well-being, emotional health, mental development, and other considerations. The court also takes into account a history of domestic violence or substance abuse. Establish a stable home environment for your child. Seek advice from a legal expert to construct a strong case. Maintain organized records of any troubling behaviour from the other parent. Acquiring more information will empower you to navigate the Alberta custody terrain with greater confidence.

Absent certain circumstances that make one parent unfit to make decisions on behalf of the child, the family court in Alberta prefers that both parents are involved in major decisions that affect a child’s upbringing and that they spend as much time as possible with the child.

Sole custody is, however, sometimes preferable and necessary, but you are likely to need legal assistance to obtain it.

Types of Child Custody in Alberta

To understand custody issues in Alberta, we first need to get to grips with the different terms used and the important differences between them when it comes to parenting rights.

These are summarized below.

Physical custody

Physical custody refers to who the child lives with and spends most of the time with.

The most common arrangement is joint physical custody, meaning that both parents spend approximately equal time with the child – but either the mother or father acts as the “primary” parent with whom the child lives.

Sole physical custody may be awarded if one parent lives far away from the child or is considered a danger to the physical or psychological health and wellbeing of the child. The non-custodial parent can still generally visit, though.

Legal custody

Legal custody refers to the legal authority to make decisions on important matters such as health, education, religion, and so on.

If a parent has sole legal custody, it means that they do not have to confer with the other parent when making these major life decisions. However, joint legal custody is by far the most common scenario as Alberta judges prefer both parents to have input into such essential parenting matters as this is generally in the best interests of the child.

Sole or full custody

Full or sole custody is only awarded in Alberta when joint physical and legal custody would be detrimental to a child.

It can be very difficult to persuade a judge to award this. You will need to show that the other parent is unfit to carry out parental duties – usually due to one or more of the following:

• Substance abuse (alcohol/drugs)
• Mental illness
• A history of domestic abuse
• A history of abandonment or neglect

Note that full custody of a child does not mean that your ex cannot see the child. He or she is entitled to visitation rights as the legal parent. If the child could be in danger from these visits, you can ask the court to order supervised visits.

Joint custody

Joint custody refers to both parents sharing the responsibility of housing, caring for and making decisions for a child (joint physical and legal custody).

This is the most common arrangement for reasons already mentioned, and it may apply to parents after a divorce or separation, or for those who never lived together.

Joint custody requires a parenting plan with visitation schedules arranged. If this is impossible for the parents to agree on, the court will order it so that the child enjoys adequate time with each parent. This is usually quite specific with weekday, weekend, and holiday stays planned out for each parent.

PROPOSED PARENTING PLAN

Learn more about PROPOSED PARENTING AGREEMENTS IN ALBERTA

Determining the Child’s Best Interests

Family court judges in Canada will always rule in the best interests of the child in custody cases.

Usually, a joint custody arrangement is considered beneficial for a child’s physical, mental and psychological health and well-being.

In the domain of child custody, the ‘best interests’ principle is the cornerstone of all decisions made by the court. This principle is intentionally broad and flexible, allowing the court to take into account a multitude of factors. These factors generally revolve around the child’s physical, emotional, and psychological well-being, as well as their overall development.

The court will take into consideration several factors including the child’s relationship with each parent, the ability of each parent to provide for the child’s needs, as well as the mental, physical and emotional health of all parties involved. The child’s age, developmental stage, and preferences may also be taken into consideration if they are of an age and maturity level to express them adequately.

The court also evaluates the parent’s willingness to maintain and promote a relationship between the child and the other parent. A history of violence, abuse, or neglect by a parent could be harmful to the child’s best interests and may impact decisions. Similarly, the ability of a parent to provide a stable, loving, and supportive home environment is critical. The ultimate goal is to make sure that the child’s welfare is prioritized in every decision.

Anything that affects the best interests of the child may be considered in custody cases and parents seeking full custody must prove that other custody arrangements would negatively impact the child.

What are the Advantages and Disadvantages of Joint Custody?

Family courts in Alberta generally consider that joint custody delivers the following benefits of the child:

• Regular contact with both parents
• Shared responsibility for the child
• More than one input into decision-making
• Cost-effectiveness

However, the following disadvantages may apply:

• A child may be forced to move back and forth between parents
• Confused decision-making
• Maintaining two homes for the child can create extra costs
• Difficulties when parents are uncooperative
• May expose a child to arguments or violence

These potential disadvantages notwithstanding, Alberta courts rarely award sole custody these days – especially sole legal custody.

What’s more, the court system here does not view kindly any attempt to gain full custody out of a parent’s selfish reasons or for revenge on an ex-spouse. Emotions often run high during a divorce and the child’s best interests can be lost in the battle.

Generally, unless one parent is proven to be unfit to make decisions or incapable of looking after the child, sole custody will not be awarded. For that to happen, a compelling case must be made that sole custody is better for the child’s well-being and upbringing.

Who Can Apply for Sole Custody in Alberta?

Custody is gender-neutral in Alberta. This means that a father has just as much right to sole custody as a mother if circumstances warrant it. A father can be awarded sole decision-making authority if it is in the best interests of the child.

To qualify for sole custody in Alberta, one must demonstrate that such an arrangement would be in the child’s best interests, primarily when the other parent poses a significant risk to the child’s welfare or well-being. Factors such as the parent’s ability to provide a stable home environment, meet the child’s physical and emotional needs, and the history of the parent’s behaviour is considered. The courts prioritize the child’s safety and well-being above all else.

In cases where one parent has a history of substance abuse, domestic violence, severe mental illness, or neglect, the courts may determine that sole custody is in the child’s best interest. It is essential to provide strong evidence supporting these claims, as unfounded allegations can negatively impact the outcome of the custody case.

Both parents have a right to a relationship with their child, and sole custody is typically awarded only in extreme circumstances. Seeking legal advice is recommended to navigate the complexities of the custody process and build the strongest case possible. It is vital to focus on demonstrating that sole custody aligns with the child’s best interests.

Can a Parent with Sole Custody Relocate with the Child?

A parent with sole legal custody makes decisions unilaterally without having to confer with the other parent. If the decision to relocate is considered best for the child, then nobody can stop the relocation.

If you have sole physical custody but joint legal custody, however, you do not have the right to relocate with your child unilaterally. The other parent must be informed and provide approval for the relocation.

If parents have joint legal custody as is normal in Alberta, the relocating parent must seek the consent of the other parent before relocating with the child. Not only that – recent changes to the Divorce Act mean that before someone with access to a child moves away, written notice of the intention to relocate must be provided to all other parties with access to that child.

The matter of child mobility may even be included in the court order for custody or parenting time, with instructions for how to deal with a potential relocation.

The moving parent’s motives are scrutinized too. Courts will consider whether the move is made in good faith, for legitimate reasons such as a job opportunity or to be closer to family, and not to frustrate the other parent’s contact with the child.

Lastly, the child’s views may be considered, depending on their age and maturity. If a child is old enough, they may express a preference about the move. However, their wishes are not determinative but are one factor among many that the court will consider.

When Can Alberta Parents Seek Sole Custody?

Before considering sole custody, take legal advice from an experienced child custody lawyer. It is generally awarded only in extreme circumstances, such as the following:

• A child faces physical or psychological harm from the other parent
• The child is in danger because of a history of domestic violence or sexual abuse
• The child risks exposure to undesirable behaviour like drug or alcohol abuse
• One parent suffers from severe mental illness and exhibits irrational behaviour and mental instability
• One parent has been negligent in the past and is deemed “unfit” to parent
• One parent is uncooperative with the court and shows little interest in being awarded custody

Whereas joint custody arrangements can often be organized amicably between separating parents as part of the separation agreement and approved by a judge, sole custody decisions are usually made in court.

When a parent displays a consistent pattern of behaviour that is harmful or detrimental to the child, the court may consider granting sole custody. This could include instances of neglect, abuse, or exposure to harmful conditions and substances. If a parent has a history of domestic violence, or if they suffer from a severe mental illness that prevents them from adequately caring for the child, these are also circumstances that could justify a request for sole custody.

In some cases, if one parent is consistently non-compliant with court orders or joint custody arrangements, this could lead to an application for sole custody. Similarly, if a parent abandons or shows little interest in the child, the other parent may seek sole custody. It is important to note that each case is unique, and the final decision lies with the court, based on the child’s best interests.

Custody cases may involve an intense court battle, with both sides putting forward their cases. To grant sole custody, the judge will expect one or more of the extreme circumstances outlined above to be present – or any other reason that means the best interests of the child cannot be served by granting joint custody.

Decoding Canadian Child Custody Terminology

Traversing through the intricacies of Canadian child custody terminology is an important step towards understanding the different types of custody arrangements and their implications. Central to these terms are ‘physical custody‘ and ‘legal custody‘. Physical custody relates to whom the child primarily resides with, while legal custody pertains to the decision-making power concerning the child’s life aspects like education and healthcare.

These custody types can be further divided into ‘sole’ and ‘joint’ custody. Sole custody implies that one parent has exclusive physical and/or legal custody, while joint custody means that both parents share these responsibilities. Another significant term is ‘parenting time,’ referring to the actual time a parent spends with the child.

Understanding these terms is vital when discussing ‘full custody‘ or ‘sole custody’, which is usually granted in cases where joint custody is deemed detrimental to the child’s welfare. However, remember that the ultimate determining factor in all custody cases is the ‘best interest of the child‘, a principle that prioritizes the child’s wellbeing above all else. This principle guides judges in their custody decisions.

Identifying an Unfit Parent

In child custody cases, identifying an unfit parent is a vital component, as it directly influences the court’s decision on the child’s best interests. An unfit parent in Alberta is typically defined by factors such as a history of substance abuse, mental illness, domestic violence, or evidence of child neglect or abandonment.

Neglect can manifest in various ways such as consistently failing to meet the child’s basic needs, depriving the child of necessary social or cognitive stimulation, or refusing to provide emotional support. Abuse is often identified by physical or emotional harm, while abandonment is characterized by prolonged absence without proper arrangements for the child’s care.

These factors are not exhaustive and each case will be evaluated individually. The court’s primary concern is always the well-being of the child, and any behavior that poses a risk to the child’s physical or emotional health may be considered as grounds for deeming a parent unfit. It’s essential to understand these factors in order to navigate the complex process of obtaining full custody of your child in Alberta.

Gathering Evidence Against Unfit Parent

When seeking full custody of a child in Alberta due to the other parent’s unfitness, the systematic gathering of compelling evidence plays a vital role in your case. Such evidence can include police reports, medical records, or witness statements that document abusive behaviors or neglect. Photographs showing poor living conditions, harmful substances, or visible signs of physical abuse can also serve as essential evidence.

Furthermore, written statements from individuals who have witnessed the unfit parent’s behavior, such as teachers, neighbors, or family members, can be beneficial. These statements should specifically detail any incidents that indicate the parent’s inability to provide an appropriate and safe environment for the child.

It’s also important to maintain records of any interactions with the other parent that may demonstrate their unfitness, including text messages or emails. In cases where mental illness is a concern, medical testimony or psychiatric evaluations can provide substantial evidence.

Expectations With Sole Custody

Obtaining sole custody of a child in Alberta entails various expectations and responsibilities that need to be thoroughly understood and considered. A parent with sole custody has the exclusive right to make decisions concerning the child’s education, health, religious upbringing, and general welfare. However, this does not necessarily imply that the other parent is excluded from the child’s life.

The noncustodial parent usually retains access rights, allowing them to maintain a relationship with the child. This access may be supervised or unsupervised, depending on the circumstances. It is important to note that even with sole custody, significant changes to the child’s living arrangements, such as relocation, often require court approval.

Moreover, the custodial parent is expected to foster a positive relationship between the child and the noncustodial parent, barring situations where the child’s safety may be compromised. Failure to do so can impact custody arrangements. Also, remember that sole custody places the entire responsibility of the child’s upbringing on one parent. It is a significant commitment that should not be taken lightly.

Frequently Asked Questions

What Are the Possible Consequences for Violating a Child Custody Agreement in Alberta?

Violating a child custody agreement in Alberta may result in legal repercussions including contempt of court charges, fines, alteration of the custody arrangement, or in severe cases, loss of custody or visitation rights.

How Does the Court Handle Cases Where Both Parents Are Deemed Unfit in Alberta?

In Alberta, if both parents are deemed unfit, the court may place the child under the care of a guardian or Child and Family Services, always prioritizing the child’s best interests and well-being.

In Alberta, Can a Grandparent or Other Relative File for Custody of a Child?

In Alberta, grandparents or other relatives can file for custody of a child. The court will consider their request if it’s in the best interest of the child, prioritizing the child’s safety and well-being.

How Does the Court in Alberta Handle Custody Disputes Involving Parents Who Live in Different Provinces or Countries?

In Alberta, custody disputes involving parents residing in different provinces or countries are handled based on the child’s best interest, considering factors like stability, parental capability, and the potential impact of relocation on the child’s wellbeing.

Are There Any Resources or Support Groups in Alberta for Parents Going Through a Custody Battle?

Yes, several resources are available in Alberta for parents in custody battles. For instance, the Alberta Courts website provides information, while support groups like Parental Alienation Alberta offer emotional aid and shared experiences.

How to Get Full Custody in Alberta: A Summary

To get full custody in Alberta, prove that it’s in the best interests of the child. That means demonstrating a stable, safe, and secure home life that will not be possible with a joint custody arrangement.

The challenging burden of proof means that you will need to build a case with the assistance of a custody lawyer, compiling strong evidence and making a persuasive argument in front of a family court judge.

You may also need to request an in-home custody evaluation to help the Alberta family court evaluate living arrangements and your relationship with your child.

For assistance with obtaining sole custody, speak to one of our experienced child custody lawyers at Spectrum Family Law in Alberta.

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