What assumption is made about parents who do not live with their child?

The assumption regarding parents who do not live with their child is that they cannot be given guardianship unless there is agreement on this matter. This reflects the legal understanding that physical custody does not automatically confer guardianship rights. In family law, guardianship involves not just custodial arrangements but also legal decision-making authority for the child's welfare.

In circumstances where parents are separated or living apart, the legal framework typically requires either mutual consent or a court order to establish the guardianship rights of a non-custodial parent. This ensures that decisions regarding the child's upbringing, health, education, and welfare are made with consideration of the best interests of the child, and that both parents are involved in the process.

This assumption emphasizes the necessity for clear legal arrangements and agreements between parents, rather than an automatic presumption of rights based on biological relationships. In contexts where parents are separated, the law aims to mitigate potential disputes by requiring clear agreements or judicial intervention regarding guardianship.