In Alberta, grandparents don’t automatically have rights to custody or visitation. However, in some cases, when it’s in the best interests of the child, the courts may give grandparents formal rights through scheduled contact, shared decision-making with the child’s parents, or even full guardianship.

If you’re in a situation where you’ve already become the steady caregiver or are worried about your grandchild’s well-being, you may have legal rights and options. Understanding the types of orders available and the evidence courts look for can help you take the next step forward with confidence and protect your grandchild’s future.

The Legal Pathways Available to Grandparents Seeking Custody

Courts begin with a simple starting point: parents are generally the first choice to raise their children. That said, a child’s well-being, safety, and stability carry the most weight, and if evidence shows a child would be better off with a grandparent, a judge may order that arrangement.

For grandparents in Alberta, there are typically three legal pathways to remain a part of a child’s life. The first is a guardianship order, which in everyday terms functions like legal custody. It gives you authority over the child’s day-to-day care and major decisions, including schooling, medical treatment, activities, and travel. Courts do not grant child custody lightly. You will need to demonstrate that you have already been meaningfully involved and that your appointment is necessary and in the child’s best interests. Sometimes you are appointed alongside a parent. In certain circumstances, where parents are unable or unwilling to meet the child’s needs, you may be given sole custody on an interim or longer basis.

The second path is a contact order. This does not make you a guardian, but it does give you court-ordered access, including secure regular time and communication with the child. A contact order may set out days and holidays, and phone or video calls, and may include conditions aimed at reducing access disputes by setting out guidelines for exchanges or expectations regarding respectful communication. Whether the order is made under Alberta’s Family Law Act or under the federal Divorce Act, the legal test remains the same: what arrangement best serves this child.

The third path arises when protection concerns bring Children’s Services into the picture. In those cases, kinship care is often considered. If approved, the child may be placed with an extended family member or another adult with a strong, positive connection to the child, frequently a grandparent. The forms and timelines differ from those in private family court, but the goal is the same: safe, stable care that preserves family and cultural connections, where appropriate.

Reasons Grandparents Can File for Custody of a Grandchild

There is no single reason that fits every file. Courts look at the facts and make orders that best protect the child’s physical, emotional, and psychological safety. In our experience, the most common legal grounds for granting custody to a grandparent include the following.

1. Parental incapacity or absence. One or both parents may be struggling with substance abuse, severe mental illness, chronic instability, incarceration, or long term absence. If a parent cannot meet a child’s daily needs for safety, shelter, medical care, and routine, grandparents who can fill the gap may be appointed guardians.
2. Family violence. When there is a history of family violence, coercive control, or high-risk conflict in the home, courts may limit a parent’s time or decision-making and look to a safe caregiver. A grandparent who provides a secure, predictable home environment and supports the child’s relationship with both parents (where safe to do so) may be a strong candidate for custody.
3. Parental death or serious illness of a parent. If a custodial parent has died or is facing a serious health crisis and the surviving parent is unavailable, unknown, or unable to take over care, grandparents are often the next best placement for physical custody, given the pre-existing relationship, family continuity, and the child’s grief needs.
4. Longstanding in loco parentis role. Some grandparents have been doing the heavy lifting for years. They take the child to medical appointments, attend school meetings, help with homework, and provide regular overnight care. When a grandparent has acted in a parental role, and the child’s parents are not consistently meeting the child’s needs, a court may formalize custody arrangements and grant grandparents legal custody of their grandchildren.
5. High conflict between parents that sidelines the child. When parents are locked in an entrenched dispute or custody battle that repeatedly disrupts school, activities, and medical care, courts sometimes place specific decision-making powers in a third party or adjust parenting arrangements to protect the child from ongoing conflict. In rare cases, the court considers a third party, like a grandparent who has been a stable caregiver.
6. Child intervention placements. When Children’s Services apprehends a child for safety reasons, grandparents are frequently assessed for kinship care. If approved, the child may be placed with the grandparent while the parents work with the agency. Depending on progress and the child’s best interests, that arrangement may be temporary or may lead to a longer-term guardianship order. In severe cases, the court may issue a Permanent Guardianship Order that terminates parental rights altogether; therefore, a new guardian must be appointed under this legal framework.

What Judges Look for in Grandparent Custody Applications

When courts make decisions about children, everything turns on the child’s best interests, especially regarding legal custody. A judge will look at the child’s need for stability and routine, the strength of the child’s relationship with each parent, any history of family violence or neglect, schooling, health needs, cultural and language ties, and, when appropriate, the child’s wishes.

The court will also consider the grandparent-grandchild relationship and how involved they have been so far. Regular childcare, attendance at school or medical appointments, and steady day-to-day support carry greater weight than occasional visits. If you are asking for guardianship, be ready to show that you can meet the child’s daily needs, including safe housing, financial stability, consistent care, transportation, supervision, and access to school and health care. The court is not grading your parenting style, but it must be confident that the child will be safe and well supported.

Judges also pay close attention to whether you will encourage a healthy relationship between the child and each parent, where it is safe. Grandparents who can set clear boundaries with adults while keeping the child’s needs at the forefront are in a stronger position.

Practical planning matters, and the more concrete your proposal, the better. Explain where the child will live, how school and activities will work, your backup plan for childcare, and how you will handle transitions and communication with the child’s parents.

If you have questions about how the court determines grandparent access or custody in your area, and how to position best your application to speak to one of our family law lawyers today. We will help you through the legal process.

When a Contact Order Is the Better Fit Over Child Custody

Not every situation calls for guardianship. If parents are generally meeting the child’s needs but are restricting a previously healthy relationship between the child and grandparents, a tailored contact order may be the appropriate mechanism to maintain a child’s relationship with grandparents. Contact orders can be very specific. They can include weekly dinners, holiday rotations, summer time blocks, and regular phone or video calls.

If the child’s parents or their legal guardians simply don’t like a grandparent and refuse or deny access to the child, that alone doesn’t automatically justify a court order. However, if the lack of contact is harming the child’s emotional well-being or cutting them off from a long-standing, positive relationship, a grandparent can ask the court to step in.

The judge will look at whether continued contact is in the best interests of the child, even over a parent’s objection. Our family lawyers routinely draft and negotiate these access arrangements, and if necessary, we ask the court to impose them.

Making Sure the Best Interests of the Child Are Protected

Grandparents who want to be a part of a child’s upbringing do not start with automatic rights like their parents would. Yet the law gives judges the tools to protect children by recognizing and formalizing a grandparent’s role where appropriate. If you find yourself in a situation where you are seeking custody of your grandchildren, we can help.

At DLegal Law Office in Calgary, we regularly guide grandparents seeking custody through negotiated agreements, contact orders, and guardianship applications. To start the legal process towards becoming legal guardians, contact our family law lawyers to book a confidential consultation today.

The content of this article is intended to provide a general guide to the subject matter and should not be considered legal or other professional advice. To get detailed information regarding your specific circumstances, please discuss your situation with a lawyer or other professional. Refer to our Legal Notice  for more details.