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Is the Other Parent of my Child a Guardian?

Answer these questions to find out if the other parent of your child is a guardian of the child.
No Question/Heading Answers
0

Is the other parent the biological parent of the child?

  • Yes
  • No
1

Did they give birth to the child?

  • Yes
  • No
2

Is there an Order in place that says they are a guardian of the child?

  • Yes
  • No
3

Is there an Order in place that says they are not a guardian, or says you are the sole guardian?

  • Yes
  • No
4

Were you married to the other parent at the time the child was born?

  • Yes
  • No
5

Did you marry the other parent after the child was born?

  • Yes
  • No
6

Were you married to the other parent before the child was born, but divorced less than 300 days before the child was born? (In other words, did the divorce happen during the pregnancy?)

  • Yes
  • No
7

Did you live together for at least 12 consecutive months, during which time the child was born?

  • Yes
  • No
8

Did you live together in an Adult Interdependent Relationship* at the time the child was born?

  • Yes
  • No
9

Did you marry or live in an Adult Interdependent Relationship* after the child was born (but within 1 year of them finding out about the child)?

  • Yes
  • No
10

Is there an agreement in writing with the other parent that they would be a guardian of the child?

  • Yes
  • No
11

Did they voluntarily pay money for the support for the child (i.e. above that ordered by the court) within one year of finding out about the child?

  • Yes
  • No
12

Did they voluntarily give non-financial support to you for the child within one year of finding out about the child?

  • Yes
  • No
13

Did they offer to give you money or other support for the child within one year of finding out about the child?

  • Yes
  • No
14

Did they give or offer any support, financial or otherwise, to the birth mother?

  • Yes
  • No
15

Did they demonstrate an intention to assume the responsibilities of a guardian in some other way within one year of finding out about the child?

  • Yes
  • No
17

The other parent is a guardian of the child.

18

The other parent is not a guardian of the child.

They may be able to apply to the court to be granted guardianship.

19

The other parent may be a guardian of the child.

Legal Advice and Assistance

20

The other parent is not a guardian unless the child was born as a result of assisted conception. In that case, please talk to a lawyer to find out if the other parent is a guardian.

Legal Advice and Assistance