At Laws & Beyond, we are frequently asked about obtaining sole child custody. This article will clarify the differences between joint custody and sole custody, and outline the specific circumstances under which sole custody is granted.
Understanding Child Custody in Alberta
When parents separate or divorce, deciding on child custody can be one of the most emotionally challenging aspects. In Alberta, custody laws are designed to prioritize the best interests of the child, ensuring they receive care, stability, and support from their parents.
With the 2021 changes to Canada’s Divorce Act, the terms “custody” and “access” are now replaced with “parenting orders,” “parenting time,” and “decision-making responsibility.” These changes were made to reduce conflict and encourage cooperative co-parenting. However, the fundamental concepts of joint custody and sole custody remain key considerations for parents navigating a separation.
This article explores the differences between joint custody and sole custody in Alberta, their legal implications, and how to determine what’s best for your child.
What is Joint Custody?
Joint custody (or shared decision-making responsibility) means that both parents have an active role in making major decisions about the child’s life. These decisions may involve education, healthcare, religion, and extracurricular activities.
Key Features of Joint Custody:
- Both parents share responsibility for major decisions.
- The child may live primarily with one parent, but the other parent has scheduled parenting time.
- Parents must communicate and cooperate to ensure the child’s best interests are met.
- Encourages continued involvement of both parents in the child’s life.
When is Joint Custody a Good Option?
- Both parents are willing and able to co-parent cooperatively.
- There is minimal conflict, allowing effective communication.
- Both parents are actively involved in the child’s upbringing and decision-making.
What is Sole Custody?
Sole custody (or exclusive decision-making responsibility) means that one parent has the exclusive right to make major decisions about the child’s life. The non-custodial parent may still have parenting time, but they do not have equal decision-making authority.
Key Features of Sole Custody:
- One parent makes major decisions regarding the child’s upbringing.
- The child primarily resides with the custodial parent.
- The non-custodial parent may have scheduled parenting time or visitation rights.
When is Sole Custody a Better Option?
- One parent is unfit due to neglect, abuse, addiction, or an inability to provide a stable environment.
- There is a high level of conflict between parents, making co-parenting impractical.
- The non-custodial parent has limited involvement in the child’s life.
How Child Custody is Determined in Alberta
Under Alberta’s Family Law Act and Divorce Act, courts prioritize the child’s best interests when determining parenting arrangements. Key factors include:
- The child’s age and emotional needs.
- The relationship between the child and each parent.
- Each parent’s ability to provide a stable, loving environment.
- Any history of family violence or neglect.
- The child’s current routine, schooling, and community ties.
In cases where parents can agree on a custody arrangement, they can create a parenting plan, which can be formalized through a parenting order approved by the court. If an agreement cannot be reached, the court will decide based on the child’s well-being.
Parenting Orders in Alberta
The parenting order issued by Alberta courts defines:
- Parenting time: When and how each parent spends time with the child.
- Decision-making responsibility: Who makes major decisions about the child’s life.
- Other conditions: Provisions to protect the child’s well-being, including restrictions if necessary.
Choosing Between Joint Custody and Sole Custody
Each family situation is unique, and there is no one-size-fits-all approach. Consider the following when deciding on custody arrangements:
- Can both parents communicate effectively and cooperate?
- Is there a history of conflict, violence, or neglect?
- What arrangement provides the most stability for the child?
- How involved has each parent been in the child’s life?
Conclusion: Putting Your Child’s Best Interests First
Regardless of whether parents choose joint custody or sole custody, the ultimate goal is to create a parenting arrangement that supports the child’s emotional, educational, and physical well-being. Alberta family law encourages cooperative parenting whenever possible, but in cases where conflict is high or one parent is unfit, sole custody may be necessary.
Consulting an experienced family law lawyer can help parents understand their rights, navigate the legal system, and create a parenting arrangement that best serves their child’s needs.
Need Legal Guidance on Child Custody in Alberta? If you’re facing a custody dispute or need help drafting a parenting plan, consult a qualified family lawyer in Alberta to ensure your child’s best interests are protected.
