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Difference between revisions of "Children Born Outside Marriage"
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Children Born Outside Marriage (view source)
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===The legal status of a child born outside of marriage=== | ===The legal status of a child born outside of marriage=== | ||
[https://www.canlii.org/en/bc/laws/stat/sbc-2011-c-25/latest/sbc-2011-c-25.html#Part_1_Interpretation_787 | Under the [https://www.canlii.org/en/bc/laws/stat/sbc-2011-c-25/latest/sbc-2011-c-25.html#Part_1_Interpretation_787 BC ''Family Law Act''], a child is a person under 19 years old. There’s no difference in the legal status of a child born to someone who is married and a child born to someone who is not married. | ||
Put another way, a child born outside of marriage is treated exactly the same in BC law as a child born to married parents. It makes no difference whether a child is born to a single parent, to a person in a common-law relationship, to a couple in a same-sex relationship, or to a couple in an opposite-sex relationship. | Put another way, a child born outside of marriage is treated exactly the same in BC law as a child born to married parents. It makes no difference whether a child is born to a single parent, to a person in a common-law relationship, to a couple in a same-sex relationship, or to a couple in an opposite-sex relationship. | ||
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A '''biological father'''’s consent is usually required too, but there are exceptions. For example, a court can be asked to do away with the biological father’s consent if he can’t be found or if to do so is in the child’s best interests. | A '''biological father'''’s consent is usually required too, but there are exceptions. For example, a court can be asked to do away with the biological father’s consent if he can’t be found or if to do so is in the child’s best interests. | ||
For more on adoption, [[Adoption of a Child | For more on adoption, [[Adoption of a Child|see our information on adoption]] and [[Adoption Registries|adoption registries]]. | ||
===Parents are generally guardians of a child=== | ===Parents are generally guardians of a child=== | ||
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If a person dies with a will, their children receive whatever the deceased left to them in the will. But any child (whether born outside of marriage or to married parents) can apply to court to change the will if they feel their portion of the estate is not "adequate, just and equitable in the circumstances." [https://www.canlii.org/en/bc/laws/stat/sbc-2009-c-13/latest/sbc-2009-c-13.html#sec60_smooth BC law] requires a person in their will to provide adequate support for their spouse and children. | If a person dies with a will, their children receive whatever the deceased left to them in the will. But any child (whether born outside of marriage or to married parents) can apply to court to change the will if they feel their portion of the estate is not "adequate, just and equitable in the circumstances." [https://www.canlii.org/en/bc/laws/stat/sbc-2009-c-13/latest/sbc-2009-c-13.html#sec60_smooth BC law] requires a person in their will to provide adequate support for their spouse and children. | ||
For more on inheritance rights, [[Challenging a Will|see our information on challenging a will]] and [[When Someone Dies Without a Will|when someone dies without a will]]. | For more on inheritance rights, [[Challenging a Will|see our information on challenging a will]] and [[When Someone Dies Without a Will|when someone dies without a will]]]. | ||
===If I break up with the other parent, how do issues affecting our child get sorted?=== | ===If I break up with the other parent, how do issues affecting our child get sorted?=== | ||
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If you still can’t come to an agreement, one of you may decide to bring a court action. A judge will make decisions according to the best interests of the child. The court can also make decisions about how often the child will see each parent (called '''parenting time''' or '''contact'''), and how parenting decisions will be made (called '''parental responsibilities'''). | If you still can’t come to an agreement, one of you may decide to bring a court action. A judge will make decisions according to the best interests of the child. The court can also make decisions about how often the child will see each parent (called '''parenting time''' or '''contact'''), and how parenting decisions will be made (called '''parental responsibilities'''). | ||
For more on these issues, [[ | For more on these issues, [[Guardianship, Parenting Arrangements and Contact|see our information on guardianship, parenting arrangements, and contact]]. | ||
===Are parenting time and child support related?=== | ===Are parenting time and child support related?=== | ||
Paying child support is a legal obligation. But, it’s not simply a trade of money for time with the child. Nor is it a fee that’s paid to have time with the child. Though there are exceptions (such as in shared parenting situations), child support is not determined by the amount of parenting time or contact a parent has with a child. Rather, child support is determined based on the parent’s income. For more on this, [[Child Support|see our information on child support]]. | Paying child support is a legal obligation. But, it’s not simply a trade of money for time with the child. Nor is it a fee that’s paid to have time with the child. Though there are exceptions (such as in shared parenting situations), child support is not determined by the amount of parenting time or contact a parent has with a child. Rather, child support is determined based on the parent’s income. For more on this, [[Child Support (No. 117)|see our information on child support]]. | ||
===Who can become a child’s guardian?=== | ===Who can become a child’s guardian?=== | ||
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{{PLSTipsbox | {{PLSTipsbox | ||
| text = Stepparents don't automatically become guardians. Not even if they're living with your children. If you want a stepparent to become a guardian for your children on your death, you have to appoint them in your will or [https:// | | text = Stepparents don't automatically become guardians. Not even if they're living with your children. If you want a stepparent to become a guardian for your children on your death, you have to appoint them in your will or [https://family.legalaid.bc.ca/sites/default/files/2019-04/appointmentStandbyTestamentaryGuardian_SC_PC_FORM.pdf in an appointment of standby or testamentary guardian form]. | ||
}} | }} | ||
