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In Canada, being common-law does not automatically give both parents equal custody rights. Legal custody (now legally called “decision-making responsibility”) depends on parentage and court orders under the Divorce Act (if married and divorcing) or your province’s family law (if not married).

Since you are in Canada, here is the precise process:

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1️⃣ First: Clarify Your Legal Status

✔ If BOTH parents are biological/legal parents:

• You do not “register custody” automatically just because you are common-law.

• If you are separating and want formal custody rights, you must obtain:

• A parenting agreement (written & signed), or

• A court order

✔ If your name is NOT on the child’s birth certificate:

You must first:

• Establish legal parentage (if disputed)

• Possibly apply for a declaration of parentage through court

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2️⃣ If You Agree With the Other Parent

This is the simplest route.

Step A: Draft a Parenting Agreement

It should clearly state:

• Decision-making responsibility (education, health, religion)

• Parenting time schedule

• Holiday schedule

• Child support terms

You can:

• Use a lawyer

• Use a mediator

• Use provincial templates

Step B: File It With the Court (Recommended)

Even if amicable, filing makes it enforceable.

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3️⃣ If You Do NOT Agree

You must apply to family court for:

• Decision-making responsibility

• Parenting time

• Child support (if applicable)

You file an application in:

• Provincial family court (if not married)

• Superior court (varies by province)

The judge decides based on:

“Best interests of the child” standard.

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4️⃣ Provincial Differences Matter

Family law is mostly provincial. For example:

• In Ontario → governed by the Children’s Law Reform Act

• In British Columbia → governed by the Family Law Act (BC)

• In Alberta → governed by the Family Law Act (Alberta)

Each province has slightly different forms and procedures.

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5️⃣ Important Legal Points (Common-Law Specific)

• Living together does NOT automatically create shared custody.

• Mothers automatically have custody at birth unless:

• Father is listed and involved, or

• Court order says otherwise.

• Child support obligations apply regardless of marital status.

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6️⃣ What You Should Do Practically

1. Confirm your name is on birth certificate.

2. Decide if this is amicable or contested.

3. Consult a family lawyer (even 1-hour consultation helps).

4. File proper court forms if formal custody is needed.