Is a parent who has never lived with their child presumed to be a guardian?

A parent who has never lived with their child is not presumed to be a guardian because legal guardianship typically involves a relationship that includes shared living circumstances or responsibilities for the child's welfare. In many jurisdictions, the presumption of guardianship is often linked to the actual caregiving role or the establishment of a custodial arrangement.

In family law, guardianship entails certain rights and responsibilities, which are usually conferred upon a parent or someone who has actively participated in the child's life. This includes not only legal recognition but also the practical involvement in day-to-day care.

Furthermore, parental rights must be legally established through recognition of biological or adoptive ties, which does not automatically occur when a parent has not lived with or cared for the child. Therefore, without an active role in the child's life or a legal arrangement recognizing guardianship, the presumption does not exist.