Navigating the child custody process in Alberta can be both emotionally and legally challenging. Whether you’re seeking full custody for safety, stability, or decision-making authority, our legal guide provides a comprehensive overview of how to successfully navigate Alberta’s family court system.
By following this step-by-step process, you can make informed decisions and increase your chances of obtaining full custody for the benefit of your child’s future.
This article provides general information about child custody and parenting orders in Alberta and Canada and is not legal advice. Family law rules and outcomes depend on your specific facts and the court involved. If you have urgent safety concerns (including domestic violence) or need advice about your situation, speak with a qualified Alberta family lawyer.
What Does Full Custody Mean in 2026: Decision-Making Responsibility, Parenting Time, and Parenting Orders
“Full custody” usually means one parent has most authority
When people say full custody, they often mean:
- Sole custody (one parent makes major decisions), and/or
- Primary parenting time (one parent has the child most of the time)
How is full custody referred to in the Divorce Act?
If you are married and applying for a divorce, the Divorce Act uses these terms when referring to child custody:
- decision-making responsibility (who makes major decisions), and
- parenting time (when the child is in a parent’s care).
A court can allocate parenting time and decision-making responsibility under a parenting order.
Provincial family law also matters (especially in Alberta)
In Alberta, the framework is tied to guardianship and parenting orders under the provincial Family Law Act. Alberta explains that parenting orders can set out parenting time, specific parenting responsibilities, and a process to resolve future disputes.
At Bhardwaj+Co, we specialize in providing clear parenting orders, defined decision-making responsibility, and a workable parenting time schedule that protects your child’s best interests. Our team helps you choose the right Alberta or federal pathway, prepare the required documents and affidavits, and build a practical plan that stands up in family court.
Who Can Get Full Custody in Alberta?
In Alberta, either parent/guardian can seek parenting arrangements through the appropriate court process. If there is a divorce action, you may apply for a Custody and Access Order; if there isn’t, you may apply for a Parenting Order. Eligibility depends on your situation and the type of application.
Family courts assess various factors, including the parent-child relationship, history of abuse, neglect, or mental illness, and the applicant’s ability to meet the child’s emotional, physical, and psychological needs.
When Can a Parent Seek Full Custody
- Domestic Violence: Family violence concerns may support a request for restrictions or supervised parenting time, and in some cases sole decision-making
- Mental Instability: A parent with psychological health issues may lack the stability to care for the child.
- Substance Abuse: Drug or alcohol abuse affects a parent’s ability to fulfill essential parenting matters.
- Neglect or Abuse: Strong evidence of child neglect or sexual abuse justifies sole custody decisions.
- High Conflict: In high-conflict relationships, joint decision-making responsibility may harm the child’s well-being.
2026 Legal Representation Guide
Getting Full Custody of Your Child in Alberta - 5 Steps to Seek Sole-Decision-Making Responsibility
Step 1: Learn the right Alberta terminology and legal pathway
In Alberta, “full custody” is usually a request for Sole Decision-Making Responsibility (major decisions) and a parenting schedule that gives you most parenting time/custody time—all based on the child’s best interests.
Which process you use depends on your situation:
- If you have a divorce action underway, Alberta’s Custody and Access Order pathway may apply.
- Otherwise, you may be looking at Parenting Orders under Alberta’s Family Law Act (different forms/process).
Step 2: Complete Alberta’s mandatory steps first
Before beginning many family law actions in Edmonton, Calgary, or Red Deer, you require:
- Parenting After Separation eCourse
- Financial Disclosure Statement
- Alternative Dispute Resolution (often mediation)
- a meeting with a family court counsellor (through Family Justice Services)
Actionable: Treat these as prerequisites; missing them can delay your application.
Step 3: Prepare the correct court forms and sworn affidavits
For Alberta’s Custody and Access Order process, Alberta says the Application for Custody and Access info pack includes:
- Family Law Application for Custody and Access
- Affidavit – Custody and Access
- Affidavit of Personal Service
Your affidavit must be drafted in a judge-friendly structure:
- short timeline (dates, events, impact on the child)
- child-focused facts (school routine, health needs, caregiving history)
- clear proposed parenting plan (decision-making, schedule, exchanges, communication)
Step 4: File correctly, then serve properly (proof of service is critical)
Alberta instructs you to file at the same court/location where you’ve already started or attended related proceedings; if nothing has started, you can file at any court in Alberta.
After filing, service matters. Your case can stall if court documents aren’t served correctly:
- complete service as required
- complete proof of service using an Affidavit of Personal Service
- swear/sign documents before the appropriate commissioner or notary (as required)
Step 5: Be ready for ADR, professional input, and a hearing before a judge
Many custody disputes move through dispute-resolution steps before a final hearing. Alberta’s process highlights Alternative Dispute Resolution and working with a family court counsellor.
If the matter stays contested, the judge will focus on the best interests factors like:
- stability and daily care
- ability to reduce conflict and support safe co-parenting
- safety concerns (including domestic violence)
- credible concerns involving mental health, drug abuse, or other risk factors (only where supported by evidence)
In higher-conflict cases, courts may rely on input from family justice professionals such as a social worker or psychologist, including an assessment process where appropriate.
We recommend you bring a practical, child-centered parenting plan and avoid overreaching claims. Courts respond best to specific facts, clean documentation, and realistic parenting arrangements, including structured terms for communication, exchanges, and (if relevant) relocation.
How much does a family lawyer cost in Edmonton?
Do You Need a Lawyer to Get Full Custody of a Child?
While hiring a lawyer isn’t required, working with experienced child custody lawyers is highly recommended. Family law issues involve emotional challenges and complex custody decisions. A family lawyer ensures your application follows legal procedures, presents strong evidence, and protects your rights throughout the family court process; ultimately helping secure a custody arrangement that serves your child’s best interests.
Benefits of Working with a Lawyer
- Legal Advice: A lawyer helps you understand the differences between sole and joint custody while also advising you on how to obtain decision-making responsibility under Alberta custody laws.
- Stronger Evidence Presentation: Child custody lawyers know what evidence courts prioritize, such as proof of domestic violence or neglect. They help you collect and organize compelling evidence that supports your claim for full custody.
- Navigating Court Forms: Filing for custody involves multiple legal documents, like the application form, parenting plan, and proof of service. A lawyer ensures your custody papers are complete and meet all legal requirements.
- Minimizing Future Risks: By preparing a strong case, a lawyer helps prevent disputes over parenting arrangements, custody rights, and access rights later. This reduces the risk of future litigation and ensures long-term stability.
- Efficient Process: Lawyers guide you through the custody process quickly and thoroughly, saving you time and avoiding common mistakes. Their support makes the legal journey more cost-effective, organized, and less emotionally draining.
Talk to a family lawyer and discuss your options
Expectations and Responsibilities of Sole Custody
Sole custody is a significant legal responsibility that grants one parent full control over major decisions regarding the child's life. In this arrangement, the custodial parent is solely responsible for decisions about the child’s education, healthcare, religious upbringing, and overall well-being.
However, this responsibility comes with both expectations and legal obligations.
Decision-Making Authority
The parent with sole custody has the authority to make all key decisions for the child, without needing the non-custodial parent’s approval. This includes decisions regarding education, medical treatment, and extracurricular activities. It’s crucial to act in the child’s best interests when making these choices.
Custody and Daily Care
The custodial parent is also responsible for the child’s day-to-day care, including providing housing, meals, emotional support, and supervision. They must ensure the child’s basic needs are met and provide a stable environment for the child to thrive in.
Child’s Well-being
In sole custody cases, the custodial parent is responsible for ensuring the child’s overall well-being, which includes monitoring their physical, mental, and emotional health. If issues arise, such as the need for therapy or medical treatment, the custodial parent must make decisions on behalf of the child.
Adhering to the Custody Agreement
The custodial parent must follow the terms of the custody agreement or court order. This includes ensuring the child’s safety and well-being and maintaining regular contact or visitation as agreed, unless circumstances, such as safety concerns, prohibit it.
Financial Responsibility
The custodial parent is typically responsible for the child’s day-to-day financial needs, including food, housing, clothing, and transportation. However, child support may be awarded to help cover the costs associated with raising the child, depending on the family’s circumstances.
Talk to a Family Lawyer in Alberta
At Bhardwaj+Co, we understand the emotional and legal complexities surrounding child custody and support. Our family law team is committed to helping parents navigate custody disputes, ensuring they understand their legal rights and responsibilities.
Whether you're seeking joint or sole custody, we work diligently to achieve the best possible outcome for you and your family. Specializing in both child custody and child support, we are here to guide you through every step of the legal process, protecting the well-being of your children.
Full Custody of a Child in Alberta (2026) | FAQs
What does full custody mean in Alberta?
Full custody usually means one parent seeks primary authority for major decisions and most day-to-day care. Courts focus on the child’s best interests and may still grant the other parent parenting time unless safety or stability concerns justify limits.
What factors do Alberta judges consider for custody decisions?
Judges focus on best interests, including the child’s needs, stability, caregiving history, and each parent’s ability to reduce conflict. Evidence of family violence, domestic violence, serious mental health concerns, or drug abuse can affect parenting time and conditions.
Do I need a lawyer to get full custody in Alberta?
You can apply without a lawyer, but custody disputes can involve complex court procedures and evidence. A child custody lawyer can help with strategy, affidavits, service requirements, and presenting a practical parenting plan that supports the child’s best interests.