A Guide to Attaining Full Custody of Your Child in Alberta

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A Guide to Attaining Full Custody of Your Child in Alberta

Having to part ways from your child after any kind of separation can be quite heart-breaking. However, you should always remember that the most important thing is to always put your child’s best interests at heart. For example, the best interest of your child will be served if you and the other parent decide to share custody of your child.

Another scenario is that your child’s best interest can also be served if you are granted custody of your child. This may be your own personal preference, but there's a process that you need to go through in Alberta before you attain such rights.

If you're trying to get full custody of your child, you will want to thoroughly understand why you need to do this for your child and what to do. Continue reading this guide to learn more.

Understand Different Types of Child Custody

Child custody is the legal term used to describe the decision of one or more parents to have rights of guardianship over a child. The main question to ask yourself is the type of child custody you should aim for and attain. Here are the main four:

  • Legal Custody. Legal custody is the right to decide in the best interest of your child, mostly in regards to legal, religious and medical decisions.

  • Physical Custody. Physical custody is the actual right to take part in the day-to-day and major decisions made regarding the health, education, and welfare of your child.

  • Joint Custody. Under joint custody, you and your former spouse will both be able to share guardianship over your child. Further decide if you want to share legal and physical custody of your child.

  • Sole or Full Custody. Sole or full custody means that you, as a parent, will be the only one with the right to decide about both legal and physical aspects of your child's life. You are regarded as the only guardian of your child.

Seek a Custody Lawyer

Before you decide to go ahead with custody arrangements, seek a knowledgeable custody lawyer in Alberta. A lawyer can help you understand how to get custody of your child, and they can give you valuable advice regarding your child's best interests. They can also help you know if you have a strong case and how to gain the decision you want from court.

Provide Proof of Your Capabilities

It's a must to prove that you are a fit parent to take care of your child. Provide the court with a certain degree of legally acceptable evidence to support your desire for custody. These could be your own personal accomplishments as a parent, such as your ability to provide a stable home for your child. Several family members or friends can testify that you are a good parent.

Undergo In-Home Custody Evaluations

A series of in-home custody evaluations must be performed by the local authorities or a court-appointed person. This is to ensure the well-being of your child. The evaluator will interview the family members and your child. Finally, the evaluator will give a recommendation to the court about whether you are qualified to get full legal custody of your child.


Seeking full custody of your child can prove to be quite an uphill battle. If you have done everything that is required of you and you connect with the right legal professional, then there’s a good chance of getting full custody of your child.

Looking for a child custody lawyer in Medicine Hat, Alberta? Hamilton Cahoon Law can assist you in all your legal matters, including family law, civil litigation, personal injury, real estate & other issues. Consult us now.