Learn the legal process and key factors for obtaining full custody of your child in Alberta.
Introduction
Obtaining full custody of your child is a significant legal step that involves navigating complex family law proceedings in Alberta. This guide provides an in-depth look at when and how you can pursue full custody to ensure your child's best interests are met.
Understanding Custody in Alberta
In Alberta, custody refers to the legal right to make major decisions about your child's life, including education, health care, and religious upbringing. The courts generally favour joint custody arrangements to encourage both parents' involvement unless circumstances dictate otherwise.
When to Seek Full Custody
You might consider seeking full custody if:
The other parent is unfit due to abuse, neglect, substance abuse, or mental health issues.
There is a history of family violence.
The other parent is absent or unwilling to participate in the child's life.
Legal Process for Obtaining Full Custody
1. Consult a Family Law Attorney
Seek legal advice from a qualified attorney to understand your rights and obligations.
2. File an Application
Submit an application to the Court of Queen's Bench or Provincial Court, including all necessary forms and affidavits.
3. Serve the Other Parent
Legally notify the other parent of the proceedings by serving them with court documents.
4. Attend Court Hearings
Present your case, providing evidence to support your claim for full custody.
Factors Considered by the Court
The court will consider various factors, including:
The child's physical and emotional well-being.
The ability of each parent to meet the child's needs.
The child's wishes, depending on their age and maturity.
Any history of family violence or abuse.
Conclusion
Pursuing full custody is a serious decision that requires careful legal consideration. By understanding the process and working with a qualified attorney, you can navigate the legal system effectively to serve your child's best interests.
If you want the best possible representation that fits your budget call 1-800-LAWYER-0 (1-800-529-9370) for a free no obligation consultation.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for personalized guidance.
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