Child Custody in Calgary Divorce Cases: Part 1

January 26, 2016

While leaving an unhappy marriage can be a positive step forward in achieving the life you want and deserve, no one in Calgary enjoys the process of going through a divorce—it's one of the most disruptive life events anyone can endure, and it's hard on everyone, no matter what the situation.

At GDE Family law, one of Calgary's leading family law and divorce law firms, we do our best to ensure that all of our clients and everyone in the Greater Calgary Area is fully informed of their rights, responsibilities, and what they can expect during the divorce process; the more information you have, the more control you can take and the less stressful everything will become.

Children, Divorce, and Calgary Law

Of course, when there are children involved the situation becomes even more difficult and complex. Many couples in Calgary hesitate to get a divorce because of their children and fears regarding their home life and their future relationships when they become a "child of divorce." Concerns regarding custody arrangements also cause many to question the wisdom of a divorce, and can make a tough choice even harder to make.

First, you should know that children whose parents live in separate homes don't necessarily have any less success or happiness in their lives than children whose parents are living together—love, support, and seeing parents work together in their parenting is far more important, and many couples on the brink of divorce are unable to provide this when they remain under the same roof despite having grown apart. Separating can actually make it easier for you and your spouse to be the parents your children need.

When it comes to custody, the situation is a little more complex. There are far too many factors involved in each specific Calgary divorce and custody case for any general advice to be useful for your individual situation, however a basic understanding of the goals of the Calgary courts and the laws in effect throughout Alberta can help you better prepare to discuss custody with your divorce lawyer, your spouse, and your mediator and/or the judge in your Calgary divorce case.

The primary goal of the courts in any divorce case involving children is to ensure that the best interests of the child or children are protected above all else. This most often means ensuring that both parents take an active role in raising the children and providing the ongoing love, support, and connection that was (ideally) a part of their home during your marriage. This means courts are generally reluctant to deny custody and/or visitation to a parent without evidence of abuse, mistreatment, or other circumstances that could endanger a child's well-being.

For some spouses in Calgary seeking a divorce, it is necessary to separate their feelings towards their soon-to-be-ex from their assessment of that ex's parenting skills; just because you've grown to dislike someone's attitudes, choices, and/or personality doesn't necessarily make them a bad father or mother, and you should recognize the love your child has for both their parents and the importance you both have in their lives.

Contact a Calgary Divorce Lawyer to Discuss Your Child Custody Expectations

Part 2 of this article will take a deeper look into the issue of child custody in Calgary divorces. In the meantime, if you have any questions regarding custody in your divorce, please contact our office today.


This entry was posted on January 26, 2016


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