Parental Rights and Duties after a Divorce

Parental responsibility is to nurture their child and make critical decisions regarding food, clothing, education, home, and medical treatment. Parents have rights and responsibilities for their children, which include:

  • Provide a home for the child
  • Protect and support the child
  • Maintain discipline for the child
  • Educating a child
  • Provide medical treatment

Parents must ensure that their children are financially stable, whether they have responsibility.

Parental Duties after Separation:

  1. If you have parental responsibilities but do not live with them, this does not mean that you may spend time with your children. However, the other parent must be involved when making important decisions about their lives.
  2. You do not need to ask for the other parent’s daily routine choices, even if they also have parental rights.
  3. If you are making an important decision, i.e. (to send the child abroad), then both parents’ approval is necessary and will be written in an agreement.
  4. You can apply for Family Lawyer in Mississauga if you disagree with other parents’ decisions. A judge will decide on his own for the benefit of the child.

 Who Got Parenting Responsibility?

A mother is automatically responsible for her child immediately after birth.

A father has parental responsibility if he is:

  • She was married to the mother of the child.
  • Listed on the birth documents

You can apply for a Family Attorney if you do not have one.

Apply For Parental Rights:

If you are not the child’s mother, you can apply for Family Lawyer in Mississauga. You only need to be attached to the child as their step-parent, father, or second female parent.

Over two people can have parental rights for the child.

Singing A Parental Rights Agreement:

  1. If a child’s father wants parenting rights, and the mother agrees, he must sign a parenting rights agreement.
  2. Present the deal to the family attorney in your community, where it can be signed and testified to.
  3. Take all the child’s documents and certificates of your identity passport or driving license.

Request A Court Order:

You can apply for a court order if you want parental rights but disagree with the child’s mother’s agreement. The court will decide if it’s good for your child to have parental responsibility. The well-being of your child must be the court’s priority.

Usually, a non-married father will get parental responsibility unless there is a genuine reason behind not having it. If you are a parent of the surrogate child, then you can fill out a form for parental rights.

When making the decision, the court considers some points:

  1. If the parent, by actions during and after the application, has shown that commitment in respect of a child to justify parental rights.
  2. The level of connection between parent and child.
  3. The reasons behind applying for parental rights.

Appointing A Guardian:

A parent with parental rights can appoint a person or a babysitter to be a guardian of their child after their death. The appointment is made on a proper written agreement or in a will.

Single Parent with Parental Rights:

You can nominate your child’s guardian if you’re a single parent with parental rights. The guardian will have more priority than the surviving parent if there is a single.

If your child’s other parent wants them to live with them, they can challenge your decision by applying for an order in court. They can claim the child’s parental rights instead of the guardian. The court will have to make a decision that will be based on the benefit of your child.

Both Parents with Parental Rights:

If you and the child’s other parent have parental rights, then you both have to agree on the same decision. Either parent can nominate a guardian, but the guardian will only be named after both parents with parental liability are dead. If your child is not emotionally attached to other parents, you can make your wishes known in a will.


Lawyer Approach provides free, confidential advice for single parents. No matter the challenges, our Family Lawyer in Mississauga is available 24/7 to help in these crises. Our trained attorneys are here with tailored advice that works for you.