Your Guide to Alberta's Child Custody / Guardianship

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Your Guide To Albertas Child Custody/Guardianship
Laws
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WHAT IS CUSTODY?
When you have children within a marriage, both of
you are automatically the custodians, or
guardians, of your children. These terms mean
essentially the same thing. Together, you share
all the powers, responsibilities, and
entitlements that come with parenting. Custody
is an often misunderstood term it does not mean
who has physical care of the children that would
be parenting.
For non-married couples, guardianship is not
automatic and may need to be consensual or
determined by a Court.
When you separate from each other, you do need to
determine who will have the custodial
rights/guardianship rights over your children.
Indeed, third parties, such as school
administrators or childcare providers, will need
to know whom they can take instructions from for
the childrens welfare or pick-up arrangements.
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WHAT KIND OF CUSTODY/GUARDIANSHIP ARE THERE?
Joint Custody/Joint Guardianship Joint
custody/guardianship provides that both parents
have an equal say in all major decisions
affecting their children. These joint
entitlements have nothing to do with the amount
of time each party may be parenting the children.

Sole Custody/Sole Guardianship In sole custody
arrangements, only one party is responsible and
entitled to make all major decisions regarding
the children. While the other parent can provide
their opinion regarding any particular decision
to be made, the party having sole custody has the
exclusive right to make the final decision.
Often, sole custody/guardianship is granted by a
Court when it is clear that the parties cannot
put aside their personal grievances or acrimony
to make decisions that would benefit their
children. Remember, the relationship each party
had with the other is different from the
relationship each has with the children. One can
be a terrible partner but a wonderful parent, and
it is vital to distinguish between the two.
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WHEN DO YOu APPLY FOR CUSTODY / GUARDIANSHIP/
If you want to apply for child guardianship or to
apply for child custody in Calgary, you can apply
through either the Provincial Court (Family
Division) or the Court of Queens Bench provided
that you have a child or children living in
Alberta. Typically, one is also separated from
their former partner at the time of the
application.
You can attempt to apply on your own provided
that you complete and swear all of the required
forms located on the Courts website and are
comfortable speaking to a Judge on your own. If
you are uncomfortable with either step, we
recommend you consult with a family lawyer for
advice, direction and assistance.
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DO THE COURT NEEDS TO DECIDE CHILD CUSTODY /
GUARDIANSHIP MATTERS
If you and your former partner have come to an
agreement regarding the custody/guardianship of
your children, then the courts do not have to get
involved.
However, if you disagree regarding what is in the
best interests of your children and who should
make the various decisions, then the Courts will
need to step in. Their decision will be based on
some of the following non-limiting factors

• The childrens physical, psychological, and
  emotional needs
• The childrens need for stability
• Who has been caring for the children until now
• What the children want (typically considered
  regarding older children)
• The childrens relationships with each party
• The willingness of a party to foster the
  childrens relationship with the other party
• The ability to care for the children

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CHILD CUSTODY

• Determining child custody/guardianship can be
  emotional and logistically challenging. By
  turning to a child custody lawyer in Calgary, you
  can be confident that the interests of your
  children are put first while striving to reach a
  beneficial outcome.

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• Its not about us and our difference. Its about
  the childs needs and being our first priority

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THANKS!

• Any questions?

• Visit our websitewww.mcleanlegalfamilylawyers.ca
  
• Or call us at
• 587-353-2632

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