Seeking sole custody in Alberta can be an emotionally taxing and challenging experience, especially when the co-parent is unable or unwilling to provide a safe and supportive environment for your child.

As a parent, prioritizing your child’s well-being may lead you to pursue sole custody. While it may seem like a difficult path right now, seeking sole custody is sometimes the best way to provide a stable, loving, and secure environment for your child to thrive. Remember, this decision could lead to a brighter future for your child.

Discover if you qualify for sole custody arrangements. Remember, the goal is to show that sole custody is necessary to protect the best interests of your child, not to attack the other parent personally. The Alberta Family Court will evaluate the evidence objectively to ensure the decision supports the child’s safety and well-being. You can trust in the fairness of this process.

Grounds For Sole Custody In Alberta

In Alberta, the courts prioritize the best interests of the child when determining custody arrangements. Sole custody, where one parent has exclusive decision-making authority, and the child lives primarily with that parent, is generally granted only under specific circumstances that indicate the other parent is an unfit parent or unable to fulfill parental responsibilities.

However, it is not enough for a parent to be unfit on their own. You have to prove it in court. The primary grounds for awarding sole custody can be the following, including ways to demonstrate how these grounds are detrimental to a child’s life or well-being.

• ABUSE: Evidence of physical, emotional, or sexual abuse can lead to the court granting sole custody to the other parent to ensure the child’s safety and well-being. To prove physical abuse, provide medical records, photos, or eyewitness accounts showing injuries caused by the parent. For emotional abuse, gather statements from therapists, teachers, or other credible witnesses who have observed emotional harm or verbal abuse.
• NEGLECT: To prove neglect by a parent, document instances where the parent failed to provide basic needs like food, shelter, clothing, medical care, or supervision. This can also take the form of educational neglect, whereby you can provide records showing chronic school absences, failure to meet educational needs, or lack of involvement in the child’s academic progress.
• SUBSTANCE ABUSE: A parent’s ongoing drug or alcohol abuse that impairs their ability to care for the child may be grounds for sole custody. Show evidence of substance abuse, such as police reports, DUI charges, positive drug tests, or affidavits from witnesses who observed the parent under the influence while caring for the child.
• MENTAL ILLNESS: Severe mental health issues that hinder a parent’s capacity to provide proper care can influence the court’s decision to award full custody to the other parent. Present medical or psychiatric evaluations indicating severe mental health problems that impair the parent’s ability to care for the child safely. Provide evidence of erratic behavior, hospitalization records, or statements from mental health professionals that may impact custody decisions.
• UNSAFE PARENTING: Frequent instances of abandoning the child, frequent relocations, or failure to follow custody arrangements can lead the courts to deem a parent unfit. Show evidence of exposing the child to unsafe environments, such as violent relationships, hazardous living conditions, or dangerous individuals, when seeking a full custody arrangement.
• DOMESTIC ABUSE: Alberta family law courts take allegations of domestic violence seriously. A history of domestic violence, especially if it poses a risk to the child, can be a significant factor in granting sole custody. Gather documentation of domestic violence, such as police reports, restraining orders, or court records.
• CHILD ABANDONMENT: If a parent has abandoned the child or consistently failed to maintain contact and fulfill parental duties, the court may consider awarding full custody to the other parent. Demonstrate a pattern of disregarding existing shared custody arrangements or visitation orders, such as consistently failing to pick up or drop off the child as scheduled.
• UNWILLINGNESS TO CO-PARENT: If one parent consistently refuses to cooperate, obstructs communication, or undermines shared decision-making within their split custody agreement, it can justify awarding sole custody to the more cooperative parent. Provide evidence of a consistent pattern of disregarding parenting orders, such as missed custody exchanges, refusal to participate in joint decisions, or failure to facilitate visitation.
• PARENTAL ALIENATION: If a parent actively damages or undermines the child’s relationship with the other parent, it can affect the court’s custody decision. Share evidence of tactics used to manipulate the child, such as bribery, guilt-tripping, or creating a false sense of fear or danger associated with you. If possible, save emails, text messages, voicemails, or other communications where the alienating parent demonstrates hostility, disparages you to the child, or manipulates the child against you.
• CRIMINAL BEHAVIOR: Not all criminal behavior will impact custody decisions, but a consistent pattern of offenses involving violence, theft, or endangering others is particularly significant. Focus on crimes that directly affect the child’s safety or ability to care for the child. Use police reports, arrest records, or court documents showing criminal activity when you seek sole custody.

What It Means to Have Sole Custody

When discussing child custody arrangements, it’s crucial to distinguish between physical custody, legal custody, and sole custody, as each plays a distinct role in the care and upbringing of a child. Physical custody determines where the child resides and which parent provides daily care, including routine activities like meals, schooling, and bedtime. Legal custody, on the other hand, refers to the authority to make significant decisions about the child’s life, such as education, health care, religious upbringing, and extracurricular activities.

In shared or joint legal custody arrangements, these responsibilities are typically split between both parents rather than assigned to just one parent. However, when a parent is granted sole legal custody, one parent is granted exclusive rights and responsibilities, covering both physical and legal custody, depending on the court order.

It’s important to note that sole custody does not exempt the non-custodial parent from financial responsibilities. They are still required to provide child support to contribute to the child’s needs, even if they do not have full custody, final decision-making authority over the child’s life or substantial parenting time.

Visitation Rights

Sole custody does not mean that the other, non-full, or non-sole custody parent will not have the right to see their child in Alberta. In most cases, the non-custodial parent is granted visitation rights, which may include regular visits, holidays, or extended time during school breaks. These arrangements aim to foster the child’s bond with the non-custodial parent. If the non-custodial parent poses a potential risk to the interests of the child, due to past behaviour such as abuse, neglect, or substance abuse, the court may order supervised visitation.

In rare cases, visitation may be limited or denied if the court determines that contact with the non-custodial parent would harm the child’s physical or emotional well-being. This typically occurs in extreme situations of physical or psychological harm, such as ongoing domestic violence or severe substance abuse.

How to Apply For Sole Legal Child Custody

• COLLECT SUPPORTING EVIDENCE: To strengthen your case for full custody, gather evidence showing that this arrangement serves the child’s best interests. Keep detailed records of incidents involving abuse, neglect, or substance abuse, secure affidavits from individuals who can attest to the other parent’s inability to fulfill parental responsibilities, and include evaluations or reports from child psychologists or social workers if applicable.
• SUBMIT THE CUSTODY APPLICATION: Begin the legal process by filing an application with the Court of King’s Bench of Alberta. These forms include detailed information about your custody preferences, your relationship with the child, and any relevant supporting documentation.
• SERVE THE OTHER PARENT: Once the application is filed, you must serve the other parent with the application and supporting documents. This ensures they have an opportunity to respond. Serving the documents involves delivering them directly to the other parent, typically through a third party or professional process server, to ensure impartiality and compliance with legal requirements.
• ATTEND COURT HEARINGS: Prepare for court hearings where both parents will present their cases. The judge will review the evidence and determine the custody arrangement that prioritizes the child’s best interests.

Custody proceedings can be complex and emotionally taxing. Consulting with a family lawyer experienced in Alberta’s custody laws is extremely valuable. They will provide advice and improve the likelihood of achieving a favorable outcome.

Legal Representation

Whether you have questions about your joint custody arrangements, are considering modifications to your current parenting plan, or are looking to begin the full custody process, we are here to guide you every step of the way. At DLegal, our experienced family law attorneys and child custody lawyers understand the emotional and legal complexities of custody disputes. They are dedicated to helping you achieve the best outcome for your child’s well-being. Get in touch today. Whether you’re dealing with non-compliance, misunderstandings, or serious custody issues, our team is here to help you take the proper legal actions for the well-being of your child and your family’s future.