There is a misconception among people that mothers are always preferred when it comes to child decision-making rights. Many fathers feel that the legal system is rigged against them; thus, they might think that their chances of getting child decision-making rights are less likely.
There are many myths regarding the child decision-making process and father’s rights in Canada that you should not believe, and if you are a father going through a divorce, you probably have many questions about your rights under Canadian law. Instead of listening to the myths, you should rely on a professional family law firm to get the most accurate answers and the best legal assistance.
This blog discusses several things you should know about fathers’ rights in Alberta.
What Rights Do Fathers Have In Canada?
According to the Family Act Law, both parents are equally entitled to the decision-making rights of their children by default. Unlike popular opinion, the courts are not allowed to favour mothers over fathers in decision-making cases. It is the responsibility of the court to determine an appropriate parenting schedule that takes into account the concept of maximum contact with both parents. The court does this with only one thing in mind and that is the best interest of the child.
Can Fathers Claim Spousal Support?
Yes! According to the Divorce Act, fathers have the right to claim spousal support as the law recognizes that spousal support can be awarded to either spouse. The purpose of this support is to compensate the spouse for the potential hardships caused by the divorce and primarily to support the children and promote financial independence after the divorce.
What Are The Rights Of Unmarried Fathers?
Unmarried fathers are at a slight disadvantage when they have children who are born out of wedlock or common law relationship. They do not automatically have the same rights as the mother and must apply to the court to be granted those rights. There are safeguards for fathers such as the Supreme Court of Canada has ruled that a custodial parent cannot move away from the child’s other parent without permission.
Therefore, as a father, you are able to seek guardianship, decision making and parenting time.
Navigating such nuances of the legal system can be challenging, so hiring experienced child decision-making lawyers to apply relevant legal rules and regulations and get the best decision-making arrangement is always the best option.
Is It Possible For A Father To Get Full Decision-Making Rights In Edmonton?
Since child decision-making rights are gender-neutral in Alberta, a father has the same right to apply for sole decision-making rights as a mother. The court makes the best decision according to the interests of the children. So, if a father or mother wants complete decision-making rights, they will have to present strong arguments through a child decision-making lawyer.
Also Read: Top 5 Child Custody Questions
How Much Say Do The Children Have?
The courts will consider the views of the children are one of the factors the courts consider. How much weight is given to that one factors depends on the age and stage of development of the child.
The legal age of the majority in Alberta is 18. At this age, parents officially cease to have any control over their children. Hence, people at or above the age of 18 get the legal right to choose where they want to live.
How Can Fathers Protect Their Rights?
Going through legal proceedings such as divorce and child decision-making rights can be a difficult and frustrating process for most people. However, the process can become a little easier with the help of professional child decision-making and family lawyers who can guide you every step of the way.
Furthermore, it is important to remain focus on your children and their needs. Remember that children need both their mother and father in their lives, so an ideal decision-making arrangement is when both parents remain involved in the children’s lives.
About Peak Family Law
Peak Family Law is a team of professional lawyers in Edmonton with years of experience dealing with divorce, family, and child custody cases. Contact us today if you are looking for reliable and proficient lawyers.