Professional Legal Training Course (PLTC) Family Law Practice Exam 2025 - Free PLTC Family Law Practice Questions and Study Guide

Both parents are automatically recognized as guardians if they live together when the child is born. This principle is grounded in the idea that shared parentage and cohabitation at the time of a child's birth typically imply a joint commitment to the upbringing of the child, thereby granting them both the rights and responsibilities associated with guardianship. In many jurisdictions, this means that both parents have the legal authority to make decisions regarding the child's welfare and upbringing as they are both considered equal guardians by virtue of their relationship to the child.

The necessity for legal establishment of guardianship is not required in this scenario as cohabiting biological parents inherently share this responsibility. Additionally, while marriage can impact certain legal rights and presumptions, it is not a necessary factor for guardianship if both parents are living together and are recognized as guardians at birth. Furthermore, even in cases where biological connections are considered, both parents' joint presence at the child’s birth is pivotal in applying guardianship rights, provided they live together. This holistic view shepherds the understanding of parental roles in a child's early life.