2. Learn which rights are the same

Married couples and common-law couples usually have the same rights related to their children. This includes rights in the following areas:

• who gets decision-making responsibility which used to be called custody
• who the children will live with
• who gets parenting time which used to be called access
• who pays child support and how much

Many decisions about what should happen to the children after their parents’ relationship ends are based on a legal test called the best interests of the child test. This test applies to children of married and unmarried parents.

Even though rights related to children are mostly the same whether or not you are married, the laws that apply to you depend on your marital status.

For example, if you’re married, you may be able to use the federal or the provincial law to apply for decision-making responsibility and parenting time. But if you’re in a common-law relationship, you can only use the provincial law to apply.

Both laws however, say that the court always decides on decision-making responsibility and parenting time based on the best interests of the child.