A: Yes. Alberta’s Family Law Act enables a non-parent to apply to court for a court order that makes the non-parent a child’s legal guardian. The court does not give a guardianship order automatically. The court will only give that order if the non-parent is an adult and has had the care and control of the child for more than six months, unless that requirement is waived. Even if the non-parent passes that 6 month test, the court has the power to not grant a guardianship order. The judge must consider other things, especially the child’s best interests. If it is not in the child’s best interests to have the non-parent as a guardian, the judge will not grant the guardianship order.
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