Difference between revisions of "Children Born to Unmarried Spouses (No. 147)"

This script discusses issues relating to the children of unmarried parents who qualify as spouses. The topics discussed include:

*guardianship and the care of children

==Who is a “spouse”?==

Under the provincial ''Family Law Act'', the term “spouse” includes:

*people who have lived together in a marriage-like relationship for at least two years; and,

*people who have lived  together in a marriage-like relationship for less than two years, but have  a child together. (Note: this category of spouses do not have rights to division of property, debt and pension).  

The unmarried parents of a child, whether they’re spouses or not, each have a legal responsibility to support their child. This obligation lasts until their child reaches the age of majority, 19 in BC. They may also have to support their child after the age of 19 if the child is financially dependent on them because of disability or illness, or because the child is pursuing post-secondary education.  

==Does a step-parent have to pay child support for a stepchild?==

A stepparent is a person who is a spouse of the child's parent and lived with the child's parent and the child during the child's life. Once a step-parent and the child’s parent are separated, a step-parent may have an obligation to pay child support for the step-child if:

*the claim for child support is made against the step-parent within one year of the stepparent’s last contribution to the support of the child

The stepparent's obligation to pay child support is secondary to that of the child's parents and guardians, and extends only as appropriate on consideration of a number of factors. The rules on child support are a bit different for stepparents, and it is best to consult a lawyer to find out more

To find out more about child support upon separation, go to script [[Child Support (Script 117)|117]] on “Child Support”.

==How are the children cared for if you break up?==

If you and your spouse cannot decide who the children should live with or how their time should be shared, then a mediator can help you decide, or a judge will make a decision according to what’s in the best interests of the children. The court can also make decisions about how often the children will see each parent (called parenting time or contact) and how parenting decisions about the children will be made (called parental responsibilities). For more information, refer to script [[Children Born Outside Marriage (Script 140)|140]] on “Children Born outside Marriage” and script [[Custody and Access, Guardianship, Parenting Arrangements and Contact (Script 142)|142]] on “Custody and Access, Guardianship, Parenting Arrangements and Contact”.  

==Can unmarried spouses adopt a child?==

Unmarried spouses have the same rights as married spouses to adopt a child. Refer to script [[Adoption (Script 145)|145]] on “Adoption” for more information on this topic.

You can only adopt your spouse’s child if the child’s other parent is prepared to give up his or her rights. If the other parent agrees, you can adopt your spouse’s child. It’s important to know that when you adopt a child, you get all of the obligations of a parent of the child, including the obligation to pay child support and contribute to the cost of the child’s expenses. Note that a child who is 12 years old or older must agree to be adopted and has to give consent.  There are circumstances under which the consent of the parents is not required; refer to script [[Adoption (Script 145)|145]] on “Adoption” for more information on this topic.   

==What if you want to place your child for adoption?==

Usually both parents have to agree to the adoption. Before a court will make an adoption order, the judge must be satisfied that the other parent has been told about the adoption and has been given an opportunity to say whether he or she agrees. For more information, refer to script [[Adoption (Script 145)|145]] on “Adoption”.

If you or your children are being threatened by your former spouse, you can apply for a protection order under the ''Family Law Act'' and you can file a report with the police. You can get a court order saying that your spouse must stay away from you and your children. If your spouse breaks this order, he or she can face criminal charges. For more information, refer to:

*script [[Applying for a Peace Bond and Filing Assault Charges (Script 217)|217]] on “Applying for a Peace Bond and Filing Assault Charges”

*script [[Family Violence (Script 155)|155]] on “Family Violence”

*script [[Reporting Suspected Child Abuse (Script 156)|156]] on “Reporting Suspected Child Abuse”

==Can you use your spouse’s last name?==

==Can your children use your spouse’s last name?==  

You can also use whatever last name you want for your children. You can apply to legally change the children’s last name to your spouse’s last name, as long as your spouse does not mind. The Director of Vital Statistics can process a change of name for your children even if the children’s other parent doesn’t consent, but you have to convince the Director that the children’s names should be changed. Children over the age of 12 also have to agree to the legal change of their name.  

For more information on this, see the Vital Statistics Agency’s website at [http://www.vs.gov.bc.ca/ www.vs.gov.bc.ca], or call the main office in Victoria at 250.952.2681.

==Where can you get help or more information?==

*See the [http://www2.gov.bc.ca/gov/content/life-events/divorce/family-justice Family Justice website].

*Read the booklet “[http://www.legalaid.bc.ca/publications/pub.php?pub=347 Living Together or Living Apart: Common-law Relationships, Marriage, Separation, and Divorce]” by the Legal Services Society of BC and available free on their website at [http://www.legalaid.bc.ca/ www.legalaid.bc.ca]. To find it, click “Our publications” then under “I want to find a publication by subject” click “Family law”.

*See the Legal Services Society’s Family Law in BC website at [http://www.familylaw.lss.bc.ca/ www.familylaw.lss.bc.ca] — under “Your legal issue,” click “[http://www.familylaw.lss.bc.ca/legal_issues/commonLawBasics.php Common-law relationships]”.

'''The above was last reviewed for legal accuracy by Zahra H. Jimale.'''