HELPING YOU NAVIGATE THE CHILD CUSTODY JOURNEY

Child Custody Lawyers

Getting divorced or separated can be extremely difficult, especially when children are involved. At DLegal, our child custody lawyers help you make the child custody process as smooth and quick as possible and in the best interest of your child. We take care of all the legal matters so you can focus on the well-being of your children and help them navigate this disruptive event with ease.

For a child, having their parents split up can be very disruptive. They deserve much emotional care and support to get them through this tough time. It is, therefore, important that custody arrangements be decided as quickly as possible and, most importantly, in the best interest of the child or children. However, child custody matters aren’t always easy and can be tripped up by complex processes and negotiations, especially if the split isn’t amicable.

At DLegal, we know that the well-being of your children is essential to you. That is why we handle each child custody case with great care and sensitivity. We always have your and your child’s best interests at heart when negotiating, mediating, drafting legal paperwork, and giving you advice and guidance so that you can start the next chapter of your and your child’s life.

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Understanding Child Custody in Alberta

Child custody in Alberta refers to the legal arrangement regarding the care, control, and maintenance of a child under the age of 18. In the province, custody decisions are primarily based on the child’s best interests, with courts considering various factors to ensure the child’s welfare and security. The Federal Divorce Act and The Alberta Family Law Act outline the responsibilities and rights of guardians, including child support and spousal support. The aim of these Acts is to prioritize the child’s well-being in custody arrangements.


Types of Child Custody in Alberta

Sole Custody

Sole Custody means one parent has the exclusive right to make significant decisions about the child’s life, including education, healthcare, and religion. The child typically resides primarily with this parent, although the other parent may have visitation rights.

Joint Custody

Joint custody primarily refers to the sharing of decision-making authority between the parents regarding significant aspects of the child’s life, such as education, health care, and religious upbringing. In a joint custody arrangement, both parents must communicate and cooperate on these decisions, regardless of where the child primarily resides.

Shared Custody

On the other hand, shared custody is usually about the physical time the child spends with each parent. This usually means that the child spends at least 40% of the time with each parent. This arrangement is designed to ensure that both parents have substantial involvement in the child’s daily life. Shared custody is also known as shared parenting.


The Difference Between Child Custody and Child Access

Child custody involves the legal authority to make significant decisions regarding a child’s life and welfare, including education, health care, and religious upbringing. It can be awarded solely or shared between parents.

Child access, conversely, pertains to the right of a non-custodial parent to spend time with their child, focusing on maintaining and nurturing the parent-child relationship through scheduled visits or flexible arrangements. While custody addresses the decision-making rights over the child’s major life aspects, access ensures the emotional bond between the child and the non-custodial parent is preserved and strengthened.


The Child Custody Agreement

A Child Custody Agreement is a legal document that outlines how parents will share the responsibilities and decision-making for their child following a separation or divorce. This agreement covers various aspects of the child’s care, including living arrangements, parenting time, visitation schedules for the non-custodial parent (child access), and how decisions about the child’s education, health care, and other welfare matters will be made.


Determining the Child’s Best Interests

Determining the child’s best interests is the cornerstone of family law decisions in Alberta, especially when it comes to child custody and access. This principle ensures that all decisions made by courts or agreed upon by parents prioritize the welfare and well-being of the child above all else.

Several factors are considered when determining what is in the best interest of a child. These include the strength and stability of the child’s relationship with each parent, siblings, and other significant individuals in their life, the ability of each parent to provide a safe, stable, and nurturing environment, as well as the willingness and ability of each parent to meet the child’s physical, emotional, education, healthcare and special needs, including emotional support, education, healthcare, and special requirements.

In addition, the physical and mental health of the child and parents are evaluated, considering any health issues or conditions that may affect the child’s well-being or the parent’s ability to care for the child. The importance of maintaining the child’s cultural, religious, and linguistic heritage is considered to ensure that their upbringing aligns with their background and identity.

The history of the child’s care, including who has been the primary caregiver and the nature of the child’s routine and daily life, provides insight into the most stable and beneficial arrangements for the child.


How Our Child Custody Lawyers Can Help

Expert Legal Guidance

Our child custody lawyers provide essential advice on the complexities of Alberta’s family law, helping you understand your rights and responsibilities. Their deep understanding of legal precedents and statutes enables you to navigate the custody process more effectively, ensuring you make decisions clearly understanding potential legal outcomes.

Negotiation and Mediation

Our Calgary family lawyers provide valuable help in negotiating custody arrangements that best serve your child’s interests while protecting your parental rights. In situations where direct communication is challenging, they facilitate mediation, striving for amicable solutions that avoid the need for court intervention.

Representation in Court

When disputes cannot be resolved through negotiation or mediation, our child custody lawyers provide vigorous representation in family court. They prepare a comprehensive case, including gathering evidence, preparing legal documents, and presenting arguments, all tailored to safeguard your interests and promote the welfare of your child.

Drafting Legal Documents

Accuracy in legal documentation is vital. The child custody lawyers at DLegal ensure that all agreements, petitions, and court filings not only comply with legal standards but also accurately reflect the intentions and agreements of everyone involved. Their skill in drafting documents helps prevent ambiguities that could lead to future disputes, ensuring clarity and enforceability.

Modification and Enforcement of Custody Orders

We understand that life circumstances change and that adjustments to custody arrangements may be necessary. We can assist you in petitioning for modifications to reflect changes in living situations, parental capacities, or your child’s needs. Our child custody lawyers play a critical role in enforcing custody orders when one party fails to comply, taking legal action to ensure adherence to the agreement for your child’s benefit.

Lawyer & Notary
Anna Dunaeva

Anna perpetually works to surpass her clients' expectations. Through continuous communication, Anna delivers on her commitment to keep clients at the centre of her practice.

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