When it comes to child custody/parenting, his or her best interest should always be the first priority. Child custody/parenting is one of the most crucial issues in the case of a divorce or separation. While it is ideal for both parties to have input with reaching a parenting agreement, mediation and Court litigation may be necessary. With over 25 years of experience, Rath Law Office offers expertise to come to be well versed in the Courtroom - sound advice to protect the best interests of the child and addressing the concerns of the parents.
Who is a Guardian and Some Factors to Be Considered
Custody cases are not always fought between the parents of a child. Anyone who has acted as a parent can apply for guardianship or custody for the child’s best interests. Joint custody is an option to consider as well.
In order to decide who gets custody, a Judge/Justice usually consider the following factors:
The child’s previous caregiver
Relationship between the caregiver and the child
Plans for the child’s future if granted custody
In some cases, the Judge/Justice can order a home study to gather more information about the child and the individuals seeking custody. It is important to note that the Judge/Justice will hear the wishes of children if they are old and mature enough to express the same.
Child Support Law in Alberta
When a child is involved in separation, there are support obligations of one or both parents/guardians.
Child Support Payments
The amount of child support to be received is dependent on Federal Child Support Guidelines and other factors such as:
Province where the parents reside
The income of each parent
Number of children requiring child support
In addition to basic child support, other expenses may be considered for Section 7 such as:
Sports & recreation
Mutual agreements are always ideal in comparison to going to Court. If you have any questions about parenting/child custody and access, please contact us.
Section 7 Expenses
According to the Federal Child Support Guidelines, Section 7 Expenses include the following:
The Family Law Act provides that, except where otherwise limited by law, including a parenting order, a guardian may exercise the following powers: