When Your Common-Law Spouse Dies: Difference between revisions
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When Your Common-Law Spouse Dies (view source)
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*If both biological parents are living together and no guardian has been designated when one of the parents dies, the surviving parent is the guardian of any children, whether you were married or not at the date of the death of the other parent. | *If both biological parents are living together and no guardian has been designated when one of the parents dies, the surviving parent is the guardian of any children, whether you were married or not at the date of the death of the other parent. | ||
*If the biological parents are separated, the parent with | *If the biological parents are separated, and one of the parents has never regularly cared for or lived with the child after the child was born, then the parent who actually lived with and cared for the child is the child’s sole guardian. | ||
*If the biological parents are separated, but had lived together in a marriage-like relationship while the mother was pregnant, and the parents lived together in a marriage-like relationship after the child was born, or if both parents cared for the child regularly, then both parents are guardians of the child. | |||
For step-children, you will have to apply to the court for guardianship of them, even if they are already living with you, if your spouse did not make a will appointing you as guardian or if he or she was a joint guardian with the other biological parent. You should speak to a lawyer if you have any questions about this situation. | For step-children, you will have to apply to the court for guardianship of them, even if they are already living with you, if your spouse did not make a will appointing you as guardian or if he or she was a joint guardian with the other biological parent. You should speak to a lawyer if you have any questions about this situation. | ||
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==Where can you get more information?== | ==Where can you get more information?== | ||
*Read the booklet entitled [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, 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 “[http://www.legalaid.bc.ca/publications/subject.php?sub=3 Families & children]”. | |||
*Also 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 “Common-law relationships”, click on “[http://www.familylaw.lss.bc.ca/legal_issues/commonLawBasics.php The basics]”. | *Also 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 “Common-law relationships”, click on “[http://www.familylaw.lss.bc.ca/legal_issues/commonLawBasics.php The basics]”. | ||
[updated | [updated August 2017] | ||
'''The above was last reviewed for accuracy by | '''The above was last reviewed for accuracy by Thomas E. Wallwork.''' | ||
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