5 ways to determine if you’re a legal guardian
Father’s Day in New Zealand has just passed. It’s a time that many Dad’s question their rights as a guardian of their child or children.
To help you as a Father, or someone you know, understand if legal guardianship is possible, take a look at the five points below.
Criteria to be considered as a child’s legal guardian
- The mother of a child is an automatic guardian; however, the father is only a guardian if he was married to or in a civil union with the child’s mother at any time from conception to birth, or
- The child was conceived before 1 July 2005 and he was in a de facto relationship with the child’s mother at birth, or
- The child was conceived on or after 1 July 2005, and they were in a de facto relationship at anytime between conception and when the child was born, or
- Both parents’ names are on the child’s birth certificate, or
- The Family Court has appointed or declared the father a guardian.
Legal support can help you realise your rights as a guardian of a child
Best interests trump
It is Important to note that when a Father approaches the Family Court to be appointed or declared as a guardian, the court will only grant such appointment if it is in the best interests of the child.
The court maintains that the best interests of the child is of paramount importance in these types of matters.
Still unsure?
We specialise in family law and can help with any paternity, CYFS or child support and care matters.
Contact us for professional legal advise to guide you as to your rights or for a no obligation chat.
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