Chahal Law

Common Myths About Family Law in Alberta

Separation, divorce, and parenting disputes are never easy. Many Albertans turn to friends, social media, or television for guidance and unfortunately receive advice that is incorrect or outdated. These misunderstandings can lead to serious mistakes that affect children, finances, and future stability.

With experienced legal support from a family lawyer in Edmonton, you can make decisions based on facts rather than assumptions. Below, we correct some of the most common myths about family law in Alberta and explain what the law actually says.

Myth 1: Mothers Always Get Custody of the Children

Many parents believe that courts automatically award custody to mothers. This is not true. Alberta courts follow the best interests of the child standard which considers:

  • The child’s emotional and physical needs

  • Parenting history

  • Stability and safety

  • Each parent’s ability to support the child’s development

  • The child’s own views when appropriate

Both mothers and fathers can be awarded primary parenting time depending on what benefits the child most. The law focuses on parenting capability, not gender.

More details can be found in the Government of Canada’s official Divorce Act resource.

Myth 2: If My Spouse Cheated, They Must Pay More Support

Infidelity may be painful, but it does not change child support or spousal support. Support decisions are based on financial needs and obligations, not the cause of the relationship breakdown.

Support rules are structured using the Federal Child Support Guidelines and the Spousal Support Advisory Guidelines, both of which emphasize fairness and financial impact.

Myth 3: Common Law Couples Have the Same Rights as Married Couples

Alberta recognizes common law relationships under the term Adult Interdependent Partnerships. However, rights related to property division differ from legally married spouses.

A family lawyer in Edmonton can help partners understand:

  • What property is shared

  • What must be proven with evidence

  • How separation agreements protect both parties

Taking legal steps early helps avoid costly disputes later.

Myth 4: Children Can Decide Which Parent They Live With

Children may express their views, but they do not make the final decision. Courts consider a child’s wishes as only one factor and continue to prioritize overall well-being and stability.

Judges also review school continuity, medical needs, and each parent’s willingness to support a healthy co-parenting relationship.

Myth 5: We Do Not Need Lawyers If We Agree on Everything

Even cooperative ex-partners can make mistakes that cause serious problems. Agreements must meet legal standards to be enforceable. Without proper documentation, misunderstandings can turn into disputes.

A family lawyer ensures:

  • Your agreement is legally valid

  • Rights for both parties are protected

  • Required financial disclosures are complete

Legal review prevents future conflict and costly litigation.

Myth 6: All Family Law Cases End Up in Court

Most do not. Mediation, negotiation, and lawyer-assisted settlement are often far better solutions. Court is typically the last resort when resolutions are not possible.

Chahal Law supports families through dispute resolution to reduce stress and maintain respect throughout the process.

Why Working with a Family Lawyer Matters

Family transitions involve major legal and financial decisions. Acting without proper guidance can jeopardize child arrangements, property rights, and long-term security.

Chahal Law helps by:

  • Explaining accurate legal information

  • Representing clients in both negotiation and court

  • Drafting agreements that protect everyone involved

  • Providing compassionate support during emotional times

If you are separating or facing parenting or support questions, consultation with a family lawyer in Edmonton is one of the most important steps you can take.

Contact Chahal Law here:
https://chahallegal.ca/contact-us/

Conclusion

Family law in Alberta is often misunderstood. With the right legal advice, you can avoid myths that lead to unnecessary stress or unfair outcomes. The truth is always better than assumptions. A family lawyer helps you move forward with clarity and confidence.

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