When families go through separation or divorce in Alberta, one of the most important and emotional topics is child custody laws in Alberta. Understanding your rights, responsibilities, and options under Alberta’s family law system is essential for protecting your child’s best interests and avoiding conflict.
In this blog, we’ll explain child custody laws in Alberta, including the difference between parenting time, decision-making responsibility (custody), and guardianship.
What Does Child Custody Mean in Alberta?
In Alberta, the legal system no longer uses the word “custody” in many cases. Instead, terms like parenting time and decision-making responsibility are used under the Family Law Act (for unmarried parents) or Divorce Act (for married parents).
- Parenting Time: The time a child spends with each parent.
- Decision-Making Responsibility: The right to make important decisions about the child’s health, education, and upbringing.
- Guardianship: The legal responsibility for the care and well-being of a child.
Both parents can be guardians, regardless of whether they live with the child.
Types of Parenting Arrangements in Alberta
Alberta family law encourages both parents to be involved in their child’s life, unless it is not in the child’s best interest. Common arrangements include:
1. Shared Parenting
Each parent has the child at least 40% of the time. Shared parenting focuses on maintaining meaningful relationships with both parents.
2. Primary Parenting
One parent has the child for more than 60% of the time, while the other parent has access or visitation rights.
3. Split Parenting
In families with more than one child, each parent may have primary care of different children.
How Custody is Decided in Alberta
The best interests of the child always come first. When courts or parents decide on parenting arrangements, they consider factors such as:
- The child’s physical, emotional, and psychological needs
- The ability of each parent to care for the child
- The child’s relationship with each parent
- Any history of family violence or neglect
- The child’s wishes (if they are mature enough to express them)
Parenting Orders and Agreements
Parents can either:
- Create a Parenting Agreement – a written, signed agreement between both parents
- Apply for a Parenting Order – a court-issued order that outlines each parent’s responsibilities
If you and your co-parent agree on parenting arrangements, a court will usually approve your agreement. If not, a judge may decide based on evidence.
Guardianship in Alberta
Guardians are responsible for:
- Making daily care decisions
- Consenting to medical treatment
- Managing education and legal matters
Parents are typically guardians by default. However, someone who is not a parent (like a grandparent or step-parent) may apply to become a guardian under specific circumstances.
Can a Child Decide Where to Live?
There is no fixed age when a child can decide which parent to live with in Alberta. Courts may consider the child’s wishes, depending on their age, maturity, and understanding, but the final decision rests on what is in the child’s best interest.
Modifying a Custody or Parenting Agreement
Parenting arrangements can be changed if:
- Circumstances significantly change (e.g., relocation, change in income, remarriage)
- One parent is not following the current agreement
- It’s in the best interest of the child
Either parent can apply to the court to vary an existing parenting order.
Final Thoughts
Navigating child custody laws in Alberta can be emotionally complex, but knowing your legal rights helps you focus on what matters most: your child’s well-being. Whether you’re considering shared parenting, primary custody, or applying for guardianship, working with a family lawyer can help ensure your child’s best interests are protected.
