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Your Guide to Alberta's Child Custody / Guardianship

McLean Legal Family Lawyers explain the types of child custody and how custody is obtained.

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Your Guide to Alberta's Child Custody / Guardianship

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  1. Your Guide To Alberta’s Child Custody/Guardianship Laws

  2. 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 children’s welfare or pick-up arrangements.

  3. 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.

  4. 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 Queen’s 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.

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

  6. 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.

  7. It’s not about us and our difference. It’s about the child’s needs and being our first priority

  8. THANKS! Any questions? Visit our website:www.mcleanlegalfamilylawyers.ca Or call us at 587-353-2632

  9. CREDITS Special thanks to all the people who made and released these awesome resources for free: • Presentation template by SlidesCarnival • Photographs by Unsplash

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