If you are looking to have a significant voice in the important decisions surrounding your child after a separation, you may be looking for a determination of guardianship.

You may be considered a guardian if you are the parent of a child and you have “demonstrated an intention to assume the responsibility of a guardian”. You may demonstrate an intention to assume responsibility by:

• being the birth mother;
• being married to the birth mother at the time when the child was born;
• being in an adult interdependent relationship with the birth mother at the time or birth, or became an adult interdependent partner with the birth mother after the birth;
• entering into an agreement to be a guardian;
• living with the birth mother for 12 months or more, during which time the child was born;
• voluntarily providing reasonable direct or indirect financial or other support (not by Court Order) for the child and/or birth mother during or after pregnancy.

This list is not exhaustive and a number of other circumstances can be considered.

A guardian has the right to make important decisions about the child – how they’ll be schooled, what activities they’ll participate in, where they’ll live, and in what faith (if any) they’ll be raised. However sometimes when parents are separating, they cannot agree on who should have the final say on these important issues.

If you are looking to protect your right to make important decisions on behalf of your child, contact us online or call us today at 587-943-1394,and speak to us about your legal options.