Child custody issues are among the most emotionally fraught legal matters that parents can face. For many divorcing spouses or former partners negotiating a new custody arrangement, the idea of having to share parenting time with their ex or of not being with their child all the time feels unthinkable. And yet, most parents who want the best for their children in terms of health, happiness and overall well-being also understand that the lifelong benefits their child will reap from healthy, positive relationships with both parents far outweigh the difficulty they might personally have with sharing custody.
In Alberta and throughout Canada, a shared or joint parenting arrangement is considered ideal when possible, but the law also recognizes that in certain situations, such as when a healthy or safe relationship is not possible, it’s in the child’s best interests to grant one parent sole or full custody.
If you are planning to seek full custody to physically or emotionally protect your child, have questions about when full custody might be appropriate or are facing an ex who’s seeking full custody, an Edmonton family lawyer from Chadi & Ibrahim can help guide you throughout every step of your custody dispute. Read on to learn more about the process for obtaining full custody and why legal support is essential.
What does full custody of your child mean?
Since the passage of Canada’s Divorce Act of 2021, the term child custody (in the past split into physical custody and legal custody) has become a bit antiquated. While custody is a universally recognized term that refers to a child’s supervision and care, it does not appear at all in the Divorce Act. Instead, the latest laws distinguish two aspects of a child’s custody that must be determined in a parenting order:
- Parenting time refers to the amount of time the child of a marriage spends under the care of each parent or guardian. Typically, parents make day-to-day decisions about their child during their own parenting time—decisions such as what meals to eat, what clothes to wear and how to spend a given day.
- Decision-making responsibility refers to the authority to make significant choices regarding the child’s wellbeing, particularly as it pertains to their health and healthcare; education; culture, language, religion and spirituality; and primary extra-curricular activities.
If seeking full custody, you can apply for a “Sole Parenting Order,” although you need very strong reasons for getting one. A parent with full custody typically has sole responsibility for the child at all times—all parenting time, including day-to-day decisions and bigger picture decisions—while the other parent is likely entitled to visitation and other time spent with the child. This is not the legal preference, but the law recognizes its necessity in cases where a shared arrangement betrays the child’s best interests or threatens their safety.
Reasons to seek full child custody
Only under certain specific circumstances is a judge likely to grant one parent sole full custody, thereby restricting the other parent’s rights or parenting time; however, the determining factor in any custodial decision is the best interests of the child. A parent or guardian seeking full custody must prove to the court that a shared arrangement would endanger the child or jeopardize their best interests. Consider the following reasons that might be presented to a judge:
- Parental unfitness due to their own drug or alcohol use or abuse
- Parental unfitness due to physical or emotional abuse of the child
- Abandonment or alienation of the child by the parent
- Parental incapability of caring for the child adequately, including due to their own physical or emotional illness or that of the child
- Relocation of a parent, particularly to a different country or at any distance that would make regular shared parenting time untenable
- Death of one parent
The burden of proof is on the sole custody-seeking parent to demonstrate the other parent’s unfitness, incapability or refusal to fulfill their parental responsibilities to the detriment of the child’s interests.
When should you apply for sole child custody?
You can apply for sole full custody at any time that you realize it is necessary for your child’s protection, wellbeing or best interests. Developing a parenting plan or parenting order is part of divorce and separation when children resulted from the marriage—but with a shared arrangement as the default, you may need to take swift legal action if you want immediate sole custody.
If you already have a shared arrangement in place, you can seek a modification if and when any circumstances significantly change that would impact your child, such as concerns arising for their safety while in your ex’s care or your ex’s absence or relocation (or their plans to relocate). Additionally, if you plan to relocate in order to protect yourself or your child’s safety or out of necessity to more adequately care for them, you may seek a similar modification to an existing arrangement that would allow you to relocate with them.
Can you challenge a sole custody ruling?
Having a sole custody order in place against you can greatly hinder your ability to parent your child fully or spend significant time with them. Whereas certain circumstances such as relocation, illness or other constraints may have rendered you incapable of providing adequate care to your child at one time, a change in those circumstances could serve as a basis for modifying the existing ruling to one that shares parenting time and/or decision-making responsibility. A qualified family lawyer can help you navigate the process.
Invaluable guidance when you seek sole child custody
You need legal support when you face legitimate concerns for your child’s physical and/or mental well-being. Rely on the empathetic and skilled lawyers of Chadi & Ibrahim to handle your case and help you obtain full custody. Book a free consultation today to learn more about our wide range of family law services—contact us online or call +1 (780) 429-2300 to talk to someone right away.
