Best Child Custody Lawyers in St. Albert

About Child Custody Law in St. Albert, Canada

Child custody law in St. Albert, Alberta, follows the general principles set out by both federal and provincial legislation. The Divorce Act (federal) and the Family Law Act (provincial) establish how decisions regarding the care of children are made when parents separate or divorce. The primary focus in any custody matter is the best interests of the child, considering their well-being, safety, and relationship with each parent. Types of custody include sole, joint, and shared arrangements. Parenting time, decision-making responsibility, and child support are all important aspects considered in custody arrangements in St. Albert.

Why You May Need a Lawyer

Legal guidance can be particularly helpful in child custody cases, as these matters are often emotionally complex and have significant personal and legal impacts. You may need a lawyer if:

• There is a dispute regarding who should have custody or how parenting responsibilities should be shared.
• You are experiencing or concerned about child safety, neglect, or abuse.
• There are issues of relocation, such as one parent wanting to move with the child.
• You are having trouble enforcing an existing custody order or agreement.
• The other parent has legal representation, creating an imbalance in negotiations.
• Child support issues arise along with custody arrangements.
• You are unsure of your rights or obligations as a parent or guardian.
• You need to draft, review, or modify a parenting agreement or custody order.

Even amicable separations can benefit from legal advice to ensure all rights are protected and agreements are enforceable.

Local Laws Overview

In St. Albert, Alberta, child custody laws are largely shaped by the Family Law Act (for non-married and married but not divorcing parents) and the Divorce Act (for divorcing married parents). Key aspects include:

• Best Interests of the Child: Courts always prioritize the child’s best interests, considering factors like the child’s physical, emotional, and psychological safety, as well as the history of care.
• Parenting Arrangements: Custody terminology has shifted to 'parenting time' and 'decision-making responsibility.' Joint, shared, or sole arrangements are possible.
• Parenting Plans: Parents are encouraged to develop a parenting plan outlining the schedule and responsibilities, which is enforceable by court if filed as a consent order.
• Guardianship: Guardians have the right to make decisions for the child. Usually, both parents are guardians unless the court decides otherwise.
• Child Support: Support payments are determined separately from custody, but remain an important element for the child’s well-being.
• Enforcement: Alberta courts can enforce custody and support orders if they are not being followed.

Frequently Asked Questions

What is the difference between custody and guardianship?

'Custody' generally refers to the arrangements for caring for the child, while 'guardianship' refers to the rights and responsibilities to make decisions about the child's upbringing. In Alberta, the term 'custody' is being replaced with 'parenting time' and 'decision-making responsibility.'

How does the court decide what is in the best interests of the child?

The court considers various factors, including the child’s safety, well-being, physical and emotional needs, the history of care, each parent’s ability to care for the child, and in some cases, the child’s wishes.

Do I need a court order for child custody?

No, not always. If both parents can agree on custody and parenting arrangements, they can create a written agreement. However, a court order may be necessary to make arrangements legally enforceable.

Can a child choose which parent to live with?

A child’s wishes may be considered, especially as they get older, but the final decision rests with the court, which must prioritize the child's best interests.

What if one parent wants to move with the child?

Relocation is a complex issue. A parent wanting to move must provide notice and may need court permission, particularly if the move significantly affects the child’s relationship with the other parent.

How is child support determined?

Child support is calculated using the Federal Child Support Guidelines, considering parental income and the number of children. Support is separate from custody status.

Can grandparents apply for custody or access?

Yes, grandparents and other significant persons may apply to court for contact, but their application will be considered in light of the child's best interests.

What if the other parent is not following the custody agreement?

If a parent is not complying with an agreement or order, you can ask the court to enforce it. The court can impose remedies, including make-up parenting time.

Do the same rules apply to unmarried parents?

Yes. The law treats unmarried parents and married parents equally regarding child custody, guardianship, and parenting time.

How can I change an existing custody or parenting order?

To change an order, you must apply to the court and show that there has been a significant change in circumstances affecting the child’s best interests.

Additional Resources

If you need more information or support, consider contacting or checking:

• Legal Aid Alberta: Helps eligible individuals access legal representation.
• Edmonton Community Legal Centre: Offers free legal advice for low-income individuals in the region.
• Alberta Courts – Family Law: Information about procedures, forms, and support for family law matters.
• Family Justice Services (Resolution Services): Provides mediation and information for family law disputes in Alberta.
• Association of Family and Conciliation Courts (AFCC Alberta): Resources for dispute resolution in family law.
• Office of the Children’s Lawyer: In rare cases, represents the interests of children in family law disputes.

Next Steps

If you require legal assistance with child custody in St. Albert, here are steps you can take:

• Document your situation, including any agreements, communications, and significant events regarding custody and parenting.
• Consult with a qualified family law lawyer. Many offer initial consultations to discuss your rights and options.
• Consider mediation or family justice services if you are open to reaching an agreement outside of court.
• If needed, start the formal process by filing the appropriate applications in the Alberta family court.
• Stay focused on the best interests of your child and comply with all court orders and agreements.
• Utilize community legal resources and support organizations for guidance and emotional support during the process.

Understanding your legal rights and obligations is a critical first step in protecting your child’s well-being and your relationship with them. Legal professionals and local resources can help guide you through each stage of the custody process in St. Albert, Alberta.