A child custody battle produces strong emotions. You want to move forward with your life, but disputes with the other parent may feel like that is impossible. You may have concerns about the other parent's ability to provide a safe and stable home. Even if that is not the problem, your dispute could involve scheduling conflicts or the desire to move away from Edmonton, Alberta. Whatever the source of conflict, a child custody lawyer knowledgeable about Alberta family law can provide crucial guidance.

Legal support is not only beneficial if you must argue your position in court. Information about your rights and the risks of taking your case before a judge could help you work through problems with the other parent. Winning a child custody battle does not always mean getting exactly what you want. Acceptable compromises that return stability to your family life will bring peace of mind and allow you to plan for the future.

Who Decides Child Custody in Alberta When Parents Disagree?

Situations arise when a parent cannot back down from a position about child custody. The issue must then go to court. Provincial courts handle many cases about parenting agreements and child custody. However, if you are going through a divorce, the Alberta Court of Queen's Bench may have to handle your case. The judge presiding over your child custody case must base the custody decision on the best interests of the children.

What are the best interests of the children?

Judges look at many factors when assessing how to rule on cases. In general, the law wants children to have relationships with both parents, but the legal system also recognizes that this is not always best under some circumstances.

Issues that influence a court order about child custody:

● Does a parent have a mental health or addiction problem that would negatively impact children?
● Can a parent provide an adequate and safe home?
● Can a parent arrange for child care while at work?
● Can a parent transport a child to school?
● Have there been any incidents of family violence?
● Do both parents have a close relationship with the children?
● Is a parent living with someone who could negatively impact the children?
● Are the parents willing to cooperate?
● Has one parent been trying to restrict access to children without proper cause?
● For older children, what are their preferences for living arrangements?

How Can I Win a Child Custody Battle?

Although your child custody journey has been frustrating so far, you can take action to protect your interests and hopefully improve the outcome. In general, these are some of the best legal tips for winning a child custody dispute.

1. Try to avoid court

Although parents typically have good reasons for going to court, you should not view court as your first or even best choice. Settling your child custody dispute through private negotiations with the other parent could very well produce a more desirable outcome than what a judge decides. The law obligates judges to focus strictly on the best interests of the children without giving any weight to what is convenient for you as the parent.

If you and the other parent are at an impasse regarding child custody, mediation can provide neutral ground where you can discuss your concerns and try to reach an agreement. When successful, mediation can result in a parenting agreement that fits your needs and supports your children's best interests.

What is family mediation in Alberta?

The Province of Alberta runs a family mediation program for the purpose of helping people work out the details of divorces and child custody. In Edmonton, this program is administered from the John E. Brownlee Building. The program is available to parents as long as one of them has a gross annual income under $40,000.

However, even if you do not meet the income requirement, private mediation services exist. They cost less than fighting out a custody battle in court. Both public and private mediators help parents work past entrenched positions to arrive at acceptable outcomes.

Regardless of where you access mediation services, an Edmonton best child custody lawyer may still offer advice before you make decisions. Legal advice often informs you about the issues that your parenting agreement should cover so that you limit opportunities for future disputes.

2. Cooperate with the other parent

In the absence of threats to the children's well-being, you must show that you want to have a co-parenting relationship. Unwillingness to drop off or pick up children at established times, angry arguments about where the children will go to school, or refusal to communicate with the other parent could all put black marks on your record in the eyes of a judge or arbitrator.

How do I show I'm cooperating with the other parent?

You may document cooperation or attempts at cooperation in a diary or by saving text messages about your communications. Your text or phone call records could show that you replied promptly to questions or at least tried to reach out. When you ended your relationship, you should write down your initial agreements about how you and the other parent divided (or did not divide) child care.

3. Avoid use of intoxicating substances

Unfortunately, child custody disputes can inspire false or exaggerated claims of alcohol or drug abuse. When preparing for court, you can increase your chances of putting your best foot forward by avoiding intoxication. This way people cannot say that they witnessed you getting drunk or high, and you eliminate the chance of getting stopped for intoxicated driving.

4. Do not assume your gender will work against you

The law accepts mothers and fathers on equal footing and prefers children to have relationships with both. Although traditional social views and past custody decisions may appear to favour mothers, fathers should never hesitate to defend their parental rights. If you are not sure where to begin, speaking with a child custody attorney will show you how to make a strong plan for accessing your children.

5. Document how you can fulfill the best interests of the children

Because the best interests of children guide courts, you need to arrive at court prepared to show how you can satisfy this standard. Bring pictures of the housing that you can provide and images of you interacting with your children. Provide statements about your future plans for maintaining a stable home and transportation to your children's activities.

Why Do I Need a Child Custody Lawyer?

When confronted by a serious dispute, you will likely be at a disadvantage without legal support. A lawyer can explain what details to document for the court and communicate them clearly to a judge.

The stakes are high with child custody because you may need to protect your children from a bad home environment. At a minimum, you want to build a strong relationship with your child going forward. Parental relationships impact a child's whole life, and exercising your legal rights with the help of a lawyer could ensure long-term family stability and healthy child development. For expert child custody help, contact our office in Edmonton today.