Canadian family law stipulates that parents have equal rights regarding child custody. Both parents, whether married or unmarried, are considered equally important in a child’s life and upbringing.
When it comes to child custody and unmarried fathers’ rights in Canada, there are legal guidelines that allow them parental rights even if they aren’t married to the mother of the child or are in a common-law relationship.
Many questions can arise regarding unmarried fathers’ rights. Below, we’ll provide answers to the most common ones.
Unmarried Fathers Have the Same Rights as Married Fathers
In Canada, if unmarried fathers can prove their paternity, they have the same legal rights as any other parent and can be involved in their child’s life. The same goes for couples who live together but aren’t married and have a child together – they are seen as joint custodians.
If an unmarried father does not live with the child or the mother and is seeking guardianship of that child, he needs to prove a few things:
- He is the biological father of the child.
- He has been/ tried to be a part of the child’s life since conception/ birth.
After he has proven these requirements and the court is satisfied, the father is granted parenting time and can seek parental responsibilities. If, for any reason, the father isn’t declared a legal guardian, he will only be granted contact time.
Guardianship can also be proven if both parents lived together at the time of the child’s birth, and separated after the birth.
Family Law and Child Custody Lawyers in Surrey, BC
Highland Law’s expert lawyers are committed to providing honest and cost-effective solutions for all your legal matters, including fathers’ rights.
Call us at 778-591-5888 or complete our contact form to schedule a free consultation.