Laws Info

Every parent wants what’s best for their child. In certain circumstances, ensuring that the child lives in a safe and supportive environment means pursuing full custody. If you’re in Alberta and seeking comprehensive guidance on how to secure full custody of your child, you’re in the right place. Dive in, and let’s navigate this path together.

Understanding Full Custody in Alberta 

Full custody, often referred to as “sole custody,” means that one parent has both the legal and physical custody of the child. But what does that really mean?

Legal Custody: 

The parent has the right to make important decisions about the child’s life, such as education, health care, and religion.

Physical Custody: 

The child lives primarily with the parent who has physical custody.

Factors Courts Consider 

When deciding on custody cases, Alberta courts focus on the best interests of the child. 

Here are some factors they weigh:

• The emotional ties between the child and each parent;
• Each parent’s ability to provide basic needs;
• The mental, physical, and emotional wellness of each parent;
• The child’s preference (depending on age and maturity).

Steps To Pursue Full Custody

Seek Legal Representation 

Although not mandatory, having a seasoned attorney can greatly improve your chances. They know the nuances of Alberta’s family law and can offer invaluable guidance.

Prepare Documentation 

Compile evidence that showcases your ability to cater to the child’s needs better than the other parent. This could be financial statements, character references, or any relevant information.

File the Necessary Paperwork 

Begin by filing an application at the Court of Queen’s Bench or the Provincial Court. Remember, details are crucial.

Attend Mediation (if necessary) 

Before heading to trial, Alberta courts might ask both parents to attend mediation. It’s an opportunity to reach an amicable resolution.

Understanding Different Types of Custody

Gaining clarity about the various custody arrangements is imperative. Every type serves a different need and has unique implications for both parents and children.

Joint Custody

This form of custody allows both parents an equal say in the major decisions of the child’s life, from health to education and even religious considerations. It’s a collaborative approach, demanding consistent communication between the parents. However, it doesn’t necessarily mean the child spends equal time with both parents.

Pros: Ensures both parents are actively involved. Cons: Can be challenging if parents don’t communicate well.

Shared Custody

Under shared custody, the child has two homes. They spend at least 40% of their time with each parent. This system is often chosen to ensure that the child maintains a strong relationship with both parents. But it requires logistics coordination.

Pros: Balanced time with both parents. Cons: Requires more logistical planning and can be disruptive to the child’s routine.

Split Custody

This is less common and involves separating siblings. One parent might have full custody of one child, while the other parent has full custody of another child.

Pros: Can be beneficial if siblings have conflicting needs or relationships. Cons: Separates siblings and can be emotionally challenging.

Dealing with Challenges

Allegations and Accusations

Allegations can drastically affect custody battles. Whether they are about parenting abilities, personal habits, or past incidents, it’s crucial to address them head-on. Gather evidence, talk to witnesses, and possibly get character references. An attorney can provide guidance on managing these claims.

Relocation Issues

The idea of a parent wanting to move, especially out of province, adds complexity. Alberta’s courts will weigh:
Impact on the child’s routine and schooling 

Distance and its effect on the other parent’s visitation rights Reason for relocation – job opportunity, family support, etc.

Cost Implications

Legal proceedings come with financial implications. Some costs to anticipate include:

• Attorney Fees: Depending on the complexity of your case, fees can vary;
• Court Costs: Filing papers and other administrative charges;
• Evaluations: Psychological evaluations or home studies to determine the best interests of the child.

Average Legal Costs in Alberta

Expense Type	Low Range	High Range
Attorney Fees	$5,000	$30,000
Court Costs	$100	$500
Evaluations	$1,000	$5,000

The Emotional Toll

Legal battles, especially concerning your child, can be mentally exhausting.

• Seek Counseling: Professionals can provide coping strategies;
• Join Support Groups: Sharing with others in similar situations can be therapeutic;
• Stay Physically Active: Exercise can be an emotional outlet.

Post-Judgment Modifications

Life is dynamic, and circumstances evolve. Maybe there’s a new job in another city or an unforeseen financial crisis. When these significant changes occur, custody arrangements can be revisited. However, the overriding principle remains the child’s best interest. Any modification sought should clearly indicate how it benefits the child.

Tips for Success

Ensuring a positive environment for your child and maintaining a cooperative relationship with the other parent are key. Here’s a list to guide you:

• Stability is Crucial: A consistent routine and environment help children adjust;
• Stay Engaged: Attend school events, know their friends, and be present;
• Mind Your Words: Children can pick up on negativity. Refrain from bad-mouthing the other parent;
• Open Communication Channels: Foster an environment where the child feels safe to express feelings.

Conclusion 

Securing full custody in Alberta is a multifaceted journey that requires preparation, resilience, and determination. Always keep your child’s best interests at the forefront, and with the right approach, you can navigate the path successfully.

Frequently Asked Questions