Yes. Alberta’s Family Law Act allows a non-parent to apply to the court for an order that makes the non-parent a child’s guardian. The court does not give a guardianship order automatically; it will only give an order if the non-parent is an adult and has had care and control of the child for more than six months, unless that requirement is waived in special circumstances. The judge must consider if the request is in 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. Children age 12 or older are asked if they consent to the guardianship order unless the court believes there is a good reason not to get the child’s consent.
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