Getting Full Custody of Your Child
September 27, 2022
Family
Full custody or sole custody refers to the plan where only one parent is granted permission to stay with the child/children, carrying out all the parental responsibilities. Under Alberta’s Family Law Act, the term “parenting” is used instead of “access” and “custody”, to denote the parenting arrangements to be executed regarding the child/children after the parents get legally separated.
The parent with sole custody has the right to determine the child-centric significant and final decisions such as career, health care, living standards and so on. However, the other parent may still get access to spend time with the child and may take part in some decisions.
In Alberta, full custody of children is permitted when the other parent is proved to be not capable enough for parenting of the child/children. It is indeed a challenging battle to win full custody, as joint custody is a more usual verdict in Alberta.
Therefore, to be awarded sole custody, one has to demonstrate prominently on what grounds his/her partner is unfit for custody. Some of the major reasons can be:
● Alcoholic
● Drug addict
● Mentally unstable
● Financially challenged at times
● Abusive or violent personality
Factors that matter in Alberta for full child custody
- The legal terms in Alberta are not exactly similar to that of Canada: “Parenting”, “Custody”, “Guardianship”, “Contact”, “Access”, etc. have separate expressions and conditions in the Divorce Actof Canada and the Family Act, Alberta.
- Children’s preference is heard: The child’s desire is considered and heard by the court. However, the verdict of custody may not go to whom the child wishes to stay, especially if he/she isn’t mature enough. The court will choose the most suitable parent based on several grounds.
- The other parent is granted some form of access: In case of sole custody, the other parent, who is deprived of the child’s custody can avail access to the right to information regarding the child’s wellbeing. The court gives few options of access – conditional, reasonable, specified, supervised, or no access.
- Judgments are not gender specific: The custody of the child given by the court is considered on multiple factors, and it is not gender-specific. The parent who is most capable of providing the child with the basic requirements and a quality lifestyle, along with emotional attachment, is granted custody.
- Financial stability is crucial along with good intentions: The parent willing to gain child custody must provide strong assurance that he/she can bear the upbringing expenses of the child. Merely having the willingness to get custody won’t work.
Stepwise Procedures to Win the Full Child Custody from Court
The Provincial Family Law is the ultimate administering legislation in Alberta to determine the child’s custody post-divorce. Here’s what needs to be done for sole custody of the child/children.
#STEP 1: Consult an efficient lawyer
Hire an efficient divorce lawyer from a reputed law firm in Alberta. The divorce lawyer will be well acquainted with the applicable family laws, and, therefore, can guide you well to sustain throughout the process of filing for legal sole custody. Consulting an experienced divorce lawyer will help to strategize the custody-gaining process appropriately.
#STEP 2: Get a clear picture of custody claiming criteria
Custody of the child is awarded based on certain parameters encircling the child’s wellbeing. Before filing for full custody, make your ground solid based on the best interests of the child. The court has to be convinced that the parent applying for sole custody is capable enough to nurture the child with complete safety, maintaining a healthy relationship with the child.
#STEP 3: Take the parenting course after legal separation
In Alberta, the person applying for full custody must go to a 6-hour parenting course, mandatorily. In this course, the parents are acquainted with the impact of divorce and groomed to help their children cope with the post-separation situation.
Frequently Asked Questions
1. Who is eligible for full custody in Alberta?
Both the father and the mother by default can claim equal rights for joint custody however, full custody or sole custody may be granted where the court is satisfied that is in the best interests of the child/children. The sole custody of the child is granted to the most eligible parent irrespective of gender.
2. Can a parent with sole custody have the freedom to relocate with the child?
In case of sole legal custody, the parent can relocate with the child without giving any notice to the other parent. However, in the case of sole physical custody and joint legal custody one needs to confer with his/her former spouse prior to relocating.
3. When can a parent apply for sole custody in Alberta?Solo custody of the child is granted only in extreme cases in Alberta. Before filing for sole custody seek thorough advice from the appointed child custody lawyer. To win the battle for full custody some of the following circumstances must be surfaced in the court-
- 1. Whether the child has been exposed to physical or psychological torture from the parent.
- 2. Whether the parent applied for sole custody is capable of fulfilling all the needs of the children.
- 3.Whether the accused parent possesses a record of violence or criminal activities.
- 4. Whether the child has the risk of drug/alcohol abuse or sexual abuse.
- 5. Whether the parent suffers from mental instability.
- 6. Whether the parent has been negligent towards the child’s responsibilities in the past.
- 7. Whether the parent resides in a region suitable for a child.
4. Can a child choose the parent for custody in Alberta?
The child’s wish can be considered in some cases, taking into account, the age and maturity level of the child. But the final decision of custody might not depend completely on the child’s preference.
5. What evidence is appropriate to prove that a parent is unfit for custody?
Before passing the final judgment, the court evaluates all the factors charged against the parent unfit for child custody. Strong evidence has to be presented in the court to support the allegations filed.
- 1. Statements from friends, relatives, neighbours, teachers, and other acquaintances.
- 2. Proof of poor living conditions
- Medical report of the parent’s psychiatric issues
- 3. Arrest records of the parent
- 4. Pictures and samples of harmful drugs at home
- 5. Medical reports of child injuries
Are you in need of a family lawyer? Laws & Beyond can help.
Our experienced Calgary child parenting lawyers at Laws & Beyond have extensive experience with mediation and collaborative processes. In the event a matter cannot be settled between the parties by mediation or other collaborative processes, then our Calgary Child custody lawyers will assist you in navigating the litigation process, including the appointment of experts to perform evaluations, and to determine what is in the child’s best interest.
