Custodial rights were replaced in BC with the Family Law Act (FLA). FLA s37 says one must consider the best interests of the child only. FLA s.39 states when a parent is a Guardian, or not, with Parenting Responsibilities (not rights) and Parenting Time. If a biological parent lived with the child before the parents separated then that biological parent is automatically a Guardian of their child thus eligible to have Responsibilities and Time.

FLA section 39(3) says: "A parent who has never resided with the parent's child is NOT the child's guardian unless...."

However, an adult, even if not a biological parent, can apply to become a Guardian eg if they regularly cared for the child, as defined by caselaw 2023 BCSC 1276

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