The Family Law Act and the Divorce Act govern child guardianship; the Divorce Act is the federal legislation that governs child guardianship in divorce cases, while the Family Law Act governs all other child guardianship cases in Alberta. 

In Alberta, a child’s legal guardian is by default the child’s birth parents, unless the parents are deceased or declared unfit parents by a court of law. 

The law requires that children have a designated person or persons responsible for caring for children, as children are not capable of independent living until they reach the age of majority.

Who can be a guardian? 

The guardian of a child does not have to be their biological parent, and children can have more than two guardians. 

Even if the child’s parents are separated, a parent who acknowledges their parentage and demonstrates an intention to assume responsibility for the child within one year of becoming aware of the pregnancy or birth of the child is a guardian. 

Can you become a guardian if you are not a biological parent? 

The decision to make a person a legal guardian in Alberta is guided by the consideration of the best interests of the child.

Non-biological parents can become guardians of children in a few ways: 

A person may demonstrate intent to assume responsibility for the child by marrying or cohabiting with another parent or voluntarily offering financial or moral support. Non-parents may become guardians if they have had care and control of a child for over six months or were assigned guardianship of the child by the parents.

If no adults are willing to be a child’s guardian, the court will appoint a public guardian.

Adults interested in becoming a legal guardian for a child in Alberta can either be appointed by the child’s parents in their will or may apply to the court for a Guardianship Order. 

The only area where such guardians may not make decisions for the child is in the area of finances. 

Right and Responsibilities of a child’s legal guardian

 A guardian of a child has legal rights, responsibilities, and powers regarding the child and his or her welfare.

Guardians have the right to make important decisions about a child’s life and to spend enough time with the child to make informed choices for and exercise their responsibilities to the child.

The responsibilities of a child’s legal guardian include providing basic needs such as food, clothing, shelter, and medical care, for the child’s physical, emotional, and psychological development. Guardians are also responsible for where and with whom the child will live, for the child’s cultural, religious, and spiritual upbringing, and the type of education the child will have.

Guardians also make decisions about dental and medical treatment for the child, whether the child will work, guardians receive health or education information of the child, represent the child legally, and consent to the child to marry if he or she is over the age of sixteen. 

If you or your loved ones require the assistance of a family lawyer regarding child guardianship, I am available to assist you. Contact Onosen Mike-Ifeta at 587-566-6525 or email at onosen@archlawoffice.ca.