Child Guardianship

When parents live together, both parents are the child's guardians. This means they're equally responsible for the child's care and upbringing. It doesn't matter if they're married or not.

If a child's parents stop living together, they both continue to be the child's guardians. It doesn't matter who moves out or who the children live with. Guardianship can only be removed by a court order, or if both parents agree that one of them will no longer be a guardian.

A parent who has never lived with his or her child isn't a guardian unless:

• he or she has regularly taken care of the child, or
• there is an agreement that says that he or she is also a guardian.

The only way that person can become a guardian is by a court order or under a will. A person can't become a child's guardian because someone puts it into an agreement. This includes a parent who isn't a guardian.

If you are trying to become a legal guardian, or have questions about your current guardianship situation, contact the friendly and knowledgeable team at Deborah Todd Law in Victoria, BC. We will be happy to hear from you and offer our expert opinions and advice. Give us a call today to arrange your appointment regarding child guardianship..