Being a parent or guardian

Who is a parent

It is important to know who a child’s parents are because parents have legal obligations towards their children, such as paying child support. This is true even if the parent does not have a relationship with the child.

A child’s parents are their birth mother and biological father or their adoptive or intended parents.

A court can make a declaration of parentage, which is a court order that says someone is or is not a child’s parent. The Court of King’s Bench can make a declaration of parentage if the child was born in Alberta or a parent lives in Alberta.

Birth mothers

The law says a child’s birth mother is the person who gives birth to the child.

Biological fathers

The law says a male person is a child’s biological father if one of the following is true:

• he was married to the birth mother at the time of the child’s birth
• his marriage to the birth mother ended by death, annulment or divorce within 300 days before the child’s birth
• he married the birth mother after the child’s birth and he has acknowledged he is the father
• he lived with the birth mother for at least 12 consecutive months during which time the child was born and he has acknowledged he is the father
• he lived with the birth mother for at least 12 consecutive months but moved out less than 300 days before the child’s birth
• he agreed with the birth mother to be named as the child’s parent on the birth certificate
• a court order names him as the child’s biological father

If one of these situations applies to you but you do not believe you are the child’s biological father, you can ask the court to declare you are not a parent. You will have to prove that it is more likely that you are not the child’s biological father. For example, you could provide a DNA test that shows you are not related to the child.

Adoptive parents

Adoptive parents are named in an adoption order. Learn more on the Adopt a child page.

Intended parents

Some children are born via assisted reproduction, such as sperm, egg or embryo donation or surrogacy. A declaration of parentage or adoption order names the child’s parents. Learn more on the Work with a surrogate page.

Who is a guardian

According to the law, guardians are responsible for the care and well-being of the child. This also means making major decisions for the child.

A child’s parents are usually their guardians. A parent is a child’s guardian if:

1. they acknowledge they are the child’s parent, and
2. they show they intend to take on the responsibilities of being a guardian within one year from learning of either the pregnancy or the child’s birth, whichever comes first.

A parent can give up their guardianship rights or a court can limit or terminate them.

It is also possible to be a child’s guardian but not their parent. A non-parent guardian may be a guardian alongside the child’s parents or in place of the child’s parents. It all depends on your family’s unique situation. For example, if a stepparent or grandparent helps raise a child, the court may name them as a guardian.

When a parent cannot care for their child, such as if Children’s Services is involved, a family member or close family friend can agree to become the child’s guardian for some time. This is known as kinship care and is an alternative to a foster homefoster home A temporary place where a child can live when they can’t stay with their own families. In Alberta, foster homes are approved and regulated by the government.. Learn more about Alberta’s kinship care program on the Government of Alberta’s website.

A guardian’s responsibilities

A guardian’s responsibilities and powers include:

• making daily decisions about the child
• supervising the child’s daily activities
• deciding where and with whom the child will live and who they have relationships with
• deciding about the child’s education, extra-curricular activities and work
• deciding the child’s cultural, language, religious and spiritual upbringing
• consenting to the child’s medical treatments
• dealing with any legal proceedings relating to the child
• appointing someone to act on the guardian’s behalf in an emergency or when the guardian is temporarily absent
• receiving health, education and other information that affects the child
• making sure the child has food, shelter, medical care and clothing
• nurturing the child’s physical, psychological and emotional development
• guiding the child towards being an independent adult

Usually, guardians must financially support the child, which includes paying child support. It is rare for a guardian to not have to pay child support. The court can order that someone else, such as a parent who does not see the child, pays support for the child.

Spend time with a child

Parenting time means the time a parent or guardian has with a child. During this time, the parent/guardian is responsible for the child and can make day-to-day decisions about the child, unless the court orders otherwise.

For example, during their parenting time, a parent can decide what the child eats for dinner, how much screen time the child has and when bedtime is.

Parenting time can be set out in a parenting plan or a parenting order. The parents can make a parenting plan themselves or ask the court to make one. Parents can also make a parenting plan and ask the court to approve it by including it in a consent order. The court can accept the plan as is or change it, depending on what it thinks is in the best interests of the child.

The court does not assume a child should spend 50% of their time with each parent. The law says a child should have as much time with each parent as is in the best interests of the child. The court can also order one parent to have supervised parenting time if that would be in the best interests of the child.

Contact is time a non-parent or non-guardian, such as a grandparent, has with a child. Learn more on the Spend time with a child if you’re not their caregiver page.

Make major decisions for a child

Only a guardian can make major decisions for a child. This is different from having parenting time and being able to make day-to-day decisions for a child. For example, a major decision could be what school the child goes to or if the child goes to counselling.

The Family Law Act refers to this decision-making authority as “exercising the powers, responsibilities and entitlements of guardianship”. The Divorce Act refers to it as having “decision-making responsibilities”.

Guardians must always make decisions that are in the best interests of the child. A guardian must also consider the child’s ability to make decisions for themselves. Making decisions for a 6-year-old will look different than making decisions for a 16-year-old. As a child grows older, the more say they have in decisions affecting them.

When there is more than one guardian

If there is more than one guardian, the guardians must come to an agreement on decisions. Unless a parenting order says otherwise, each guardian should know about major decisions and participate in making decisions.

Guardians can also have authority to make decisions about some things but not others. For example, one guardian may have to work with the other guardian to make all decisions except about medical treatments. The guardians can agree or the court can decide to split up decision-making authority.

Sometimes guardians disagree on what the best decision is for the child. If there is no agreement or court order that says how to resolve disagreements, the guardians must take steps to resolve the dispute.

For example, if the guardians cannot agree on whether the child should change schools, they can ask a professional to help them reach a decision. There are many ways to resolve these disputes without going to court. Going to court takes time and money and should always be your last resort.