“I had a very positive experience working with Violeta Cozma at Bellagio Law. I was going through a difficult situation involving parenting and custody, and she provided clear, professional, and reliable guidance every step of the way.”
⭐️ ⭐️ ⭐️ ⭐️ ⭐️
– Josue O.
If you are a father going through a separation in Calgary, your first question is probably a simple one: how much time will I have with my kids?
It is a fair question, and you deserve a clear answer. Alberta law does not prefer mothers over fathers. Parenting arrangements are decided on the best interests of each child, and the Divorce Act directs courts to give children as much time with each parent as is consistent with those interests.
That principle is a good starting point, but it does not apply itself. Fathers who work shifts or rotations, who were not the main caregiver before separation, or who moved out of the family home in a hurry can find that early decisions shape the arrangement for years.
What happens in the first weeks after separation matters. An informal schedule you agree to now can become the “status quo” a judge looks at later.
Our Calgary family lawyers help fathers understand where they stand, put forward a realistic parenting plan, and present it in a way that keeps the focus where the court will keep it: on your children.
Below is a plain-language overview of how parenting issues are decided in Alberta. Every family is different, so treat this as a starting point for a conversation with a lawyer, not as advice about your specific situation.
Since March 1, 2021, the federal Divorce Act no longer uses the words “custody” and “access.” Instead, courts make parenting orders that deal with parenting time (when the children are in each parent’s care) and decision-making responsibility (who makes significant decisions about the children).
If you were never married, or you are married but not seeking a divorce, Alberta’s Family Law Act applies. It uses the language of guardianship, parenting orders and contact orders. The labels differ, but the question underneath is the same: what arrangement is best for this child?
The court’s primary consideration is the child’s physical, emotional and psychological safety, security and well-being. Beyond that, judges weigh factors such as:
Notice what is not on that list: which parent is the mother. A father who has been involved, who has a workable plan, and who supports his children’s relationship with their mother is in a strong position to ask for meaningful parenting time.
No. Alberta has no automatic presumption of equal parenting time. Shared parenting is common where it works for the children, and judges often look at practical questions: how close the parents live to each other and to school, how each parent’s work schedule fits with the children’s routine, and whether the parents can communicate well enough to make a week-on, week-off (or similar) schedule run smoothly.
If you want equal or near-equal time, the most persuasive thing you can bring is a detailed, realistic plan: who does school drop-off, how you will manage your work hours, and how the children will get to their activities.
Parenting time also affects child support. When each parent has the children at least 40% of the time, a different child support calculation can apply. See our child support calculator for a starting estimate.
Significant decisions include the children’s health care, education, religion or culture, and major extracurricular activities. Decision-making can be joint, given to one parent, or divided by area (for example, one parent handles education decisions and the other handles health). Day-to-day decisions are normally made by whichever parent the children are with at the time.
Under the Family Law Act, a father who was never married to his child’s mother is generally a guardian if, within one year of learning of the pregnancy or the birth (whichever came first), he acknowledged that he is the parent and showed an intention to take on a guardian’s responsibilities. The Act treats certain situations as showing that intention, such as being married to or the adult interdependent partner of the child’s mother, living with her for 12 consecutive months during which the child was born, making a guardianship agreement with her, or voluntarily supporting her or the child during or after the pregnancy.
Not being named on the birth certificate does not, on its own, end your ability to be part of your child’s life. Where guardianship or parentage is unclear, a father can apply to the court. It is best to get advice early, because delay can affect how the court sees your involvement.
Relocation is one of the most difficult issues in family law. Under the Divorce Act, a parent who plans to relocate with a child must generally give the other parent at least 60 days’ written notice, and the other parent then has 30 days to object. The Family Law Act has its own rules for moves. If you receive a relocation notice, or you are thinking about moving yourself, speak with a lawyer before the deadlines pass.
Many parenting disputes are resolved through negotiation, mediation or a collaborative process, which can be faster, less expensive and easier on children than litigation. When court is necessary, matters under the Divorce Act are heard in the Court of King’s Bench, and many Family Law Act parenting matters can be heard in the Alberta Court of Justice. We regularly appear in Calgary’s family courts and can help you decide which path fits your situation.
Court processes also change over time. For example, the Court of King’s Bench introduced its Family Focused Protocol on January 2, 2026, which added a Mandatory Intake Triage step for many new family applications. We can explain which steps apply to your matter.
We listen to what matters to you and your children, explain your options in plain language, and help you build a parenting plan that is practical and child-focused. Whether that means negotiating a parenting agreement, attending mediation, or bringing an application to court, we will be clear with you about the likely range of outcomes and the costs involved at each step.
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Yes. Alberta law does not favour either parent based on gender. Parenting arrangements are decided on the best interests of the child, and the Divorce Act directs courts to give children as much time with each parent as is consistent with those interests.
No. There is no automatic presumption of equal parenting time in Alberta. Shared parenting is common where it works for the children, and a detailed, practical parenting plan can help show that it will.
There is no fixed age in Alberta. The court considers a child’s views and preferences, giving them more weight as the child gets older and more mature, but the final decision is based on the child’s overall best interests.
If there is no order or agreement in place, get legal advice promptly about applying for a parenting order. If there is an order and it is not being followed, the court has options to enforce it, which can include make-up parenting time. Keep a record of missed time, stay respectful in your communication, and keep paying child support. Support and parenting time are separate obligations.
Not on its own. Many Alberta parents work shift or rotational schedules. The court will look at whether your parenting plan fits your schedule and meets the children’s needs, so it helps to show exactly how your time with the children will work.
No, but it is important to act. Get advice quickly, propose a regular parenting schedule in writing, and keep exercising your parenting time consistently so a new routine that includes you can develop.
Your relationship with your children is worth protecting, and you do not have to work through this alone.
Call 587-329-0999 or fill out the form below to book a consultation with our Calgary family law team. We will listen, explain your options clearly, and help you take the next step.
I had a very positive experience working with Violeta Cozma at Bellagio Law. I was going through a difficult situation involving parenting and custody, and she provided clear, professional, and reliable guidance every step of the way.
⭐️ ⭐️ ⭐️ ⭐️ ⭐️
– Josue O.
