If you are a parent seeking full custody of your child, you may face one of your life’s most difficult and emotionally challenging situations. Obtaining full custody of your child takes work, especially if your ex-partner is contesting your request. However, with the right strategies and guidance from family lawyers in Calgary, you can increase your chances of success. Learn the best ways you can obtain full custody of your child here.
What Does Full Custody Entail?
Full custody, also known as sole custody, means that you are the only parent responsible for making major decisions for your child and providing their primary residence. The type of decisions a parent with full custody has the legal authority over a child’s education, healthcare, and religion. Despite this, it’s important to note that the other parent is still entitled to access the child unless there is a court order stating otherwise. If not, Alberta family law typically encourages both parents to be involved in their child’s life, even if one parent has full custody.
Understanding Full Custody & Access Rights
It is important to note that full custody does not necessarily mean that the other parent is completely excluded from the child’s life. The court may order access or visitation rights for the other parent or joint custody if it is in the child’s best interests. Access can take many forms, which can include the following:
The court will consider the child’s best interests when determining access arrangements.
Tips on Obtaining Full Custody By Family Lawyers in Calgary
Tip #1: Demonstrate You’re the Primary Caregiver
Demonstrating yourself as the primary caregiver to your child can heighten your chances of obtaining full custody. You would be considered your child’s primary caregiver by exemplifying how you’re responsible for their daily care, schooling, and medical needs. It’s possible to build a stronger case for full custody by documenting your involvement in your child’s life, including their schedules, doctor visits, and school activities. By showing you’re providing for your child in these ways, it reflects well as being the best suited to make decisions on their behalf.
Tip #2: Provide a Stable, Safe Home Environment
Another important factor in obtaining full custody of your child is providing a stable and safe home environment. As a parent vying for full custody, you must prove you can provide for their basic needs, such as:
If you demonstrate that you have a stable home environment and can provide for your child’s needs, the court may be more likely to award you full custody. However, if you have concerns about your living situation or need to improve your home, it is important to do so before pursuing custody.
Tip #3: Maintain a Positive Relationship with Your Child
Maintaining a positive and loving relationship with your child is crucial in obtaining full custody. If you’re a parent seeking full custody, you should naturally try spending quality time with your child, being involved in their activities, and showing them that you care. However, if your child is old enough to express their preferences, the court will also consider their views.
Tip #4: Seek Legal Advice & Support From Family Lawyers in Calgary
Navigating the legal system can be complex and daunting – especially family law. If you are seeking full custody of your child, it is important to seek legal advice and support from family lawyers in Calgary. They can help you understand your legal rights and obligations to guide you through obtaining full custody. Also, they can represent you in court and negotiate with your ex-partner or their lawyer on your behalf.
Tip #5: Consider Alternative Dispute Resolution Methods
Going to court is not the only option for obtaining full custody of your child. You can find alternative dispute resolution methods, such as arbitration or mediation in Calgary, to effectively resolve disputes without going to court. If you seek mediation in Calgary, a neutral third party can help you and your former partner reach a mutually acceptable agreement. Meanwhile, choose arbitration if you want a neutral third party who decides for you and your former partner based on the evidence presented. These methods can be less stressful and more cost-effective than going to court and may result in a more satisfactory outcome.
Responsibilities & Obligations After Obtaining Full Custody
If you are granted full custody of your child in Alberta, it is important to understand your legal responsibilities and obligations. You must make decisions in your child’s best interests and ensure that the other parent has access to the child if allowed by the court. Failure to comply with court orders or to act in your child’s best interests can result in legal consequences, including a change in custody arrangements.
There is a brighter future ahead with McLean Legal Family Lawyers. As your dynamic, multi-service family law firm in Calgary, McLean Legal Family Lawyers can offer you personalized legal services tailored to your particular circumstances. We endeavour to resolve matters quickly and with minimal conflict, offering calm, professional, and realistic advice. Given our years of experience in family law, we can assist with your child support, spousal support, divorce, mediation, and separation agreements, as well as civil litigation issues, commercial/corporate services, and real estate transactions. With over 30 years of experience and success, we’re the Calgary family lawyers that offer you a brighter future. Book your free consultation by calling 587-353-2632.