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I recommend that you contact the office to book an initial appointment so that you can get the advice that you need. As your daughter’s father is not named on her birth certificate he does not have parental responsibility for her, unless he has later made an application for a declaration of parentage of parental responsibility. There is no ‘automatic’ right to ‘custody’ following a separation and you have Parental Responsibility as you are named on the birth certificate. But there are rules parents should keep in mind before moving. Our team of family solicitors can advise you on the options available to you as a parent and help to resolve any issues that may arise in relation to child custody. As your child’s father is not on the birth certificate he does not have parental responsibility, but it does not sound like his paternity is in dispute so he is still a legal parent and entitled to make an application. I suggest that you contact a family lawyer as we are only able to advise on the law of England and Wales. Here or in my country? I hope this helps. He wants to live us. I have two children under 18 and live with their father. You should seek advice about your particular circumstances from a Resolution specialist family solicitor. Does an unmarried father have the same rights as a married father after separation? You can call 0330 055 2234 or e-mail info@familylawpartners.co.uk. You have raised a number of serious issues in your comment so I encourage you take legal advice at the earliest opportunity. Children born to unmarried parents still benefit from an ongoing relationship with each parent, so it’s worth putting in the effort to work out custody and visitation rights. I have to be with my baby as he’s breastfed on demand and my baby’s dad doesn’t know how to care for him safely despite me trying to show him (but him not listening/thinking he knows best) he is very controlling and has been aggressive since Baby was born yet refuses to acknowledge this, Hi, my daughters father has brought up several small issues trying to say I’m not looking after her correctly and challenges me on a lot of things. Decisions regarding child arrangements are always made in a child’s best interests, and what is in a particular child’s best interests will depend on their particular circumstances. She did not put me on the birth certificate also which was difficult. The mother of the children lives abroad so the children will be coming to live with us in Northern Ireland. I want to be able to point them in the right direction and was wandering if anyone could help advise, basically the brother has had a baby and he’s soon to turn one. Hi, My son is on the birth certificate of his son but everything is still going through family courts and my son has just discovered that his ex partner and child have moved from where she lived without my son been informed…He now has no idea where his son is living, children services are also already involved in my grandsons wellbeing etc..My son has not heard from anyone regarding his son’s change of address and is heartbroken at the thought of never seeing his son again… The mother has also put in a false claim of assault and now my son has been charged and is waiting for his trail to start…Would this matter stop him from been informed about his son moving he is nearly 2 years old..Kind regards Sarah. It is the one thing that is keeping me with him at the moment and I’m putting up with the emotional and verbal abuse just to keep her with me. This is however very case specific and you should contact the office to get advice about your particular situation. 1) If I used money that I received as inheritance to help with our house renovations, can I claim this money back when we separate finances? If your partner does issue an application it would be for a child arrangements order. via PRA), seeing my name is not on birth certificate and will refuse permission to be included as the father on birth certificate? Hi I have got job offer abroad and want to move there with my son, but my sons father whom I am not married to but followed me to register the birthcertificate is on the birthcertificate, and he doesnt want to move abroad with us, what is my options at this, how big is the chances for the mother to gain sole custody as an unmarried mother of the child. She left to England, and i was stayed shell shocked, heartbroken, and not knowing what to do in Athens. There are different court rules and procedures that unmarried couples must take that are different from those of married and divorcing couples. If you become estranged from the children, the re-establishment of that relationship in the future can be difficult from both an emotional and practical perspective. If you are unable to resolve matters in Mediation we would recommend seeking advice from a Resolution lawyer. At my first visit to London to visit them , six months after they moved in , she calls for medical help claiming that the child swallowed some pills that i carelessly left inside my bag. My ex partner(not the legal father of my daughter) believes he has a legal right somehow to my daughter who he did have a relationship with for 9years and still see’s her however spends more time dictating to me how and what I do with her than not. After the divorce, my ex probably saw my son twice, and shortly after that he left the country and we never saw him again. Unfortunately I am not able to provide specific advice over this forum as I would need a lot more information about your son’s circumstances before I could comment. If your son’s father ever did obstruct your son spending time with you, I would recommend trying to resolve the issue in mediation. You do not need to include the father’s name on the birth certificate when you register the birth. His son on holiday? The problem is that I have to work after school and I have nobody to help me to look after her on evenings. Thanks for your comment Freya. The first thing we would need to establish is the legal status of your marriage in the UK. Do I have any automatic rights over custody upon her death? If we can assist please do not hesitate to contact us. She is nearly 4 years old (July). We cannot give specific advice on this forum unfortunately but I would suggest that your son seek legal advice from a specialist family lawyer. All mothers and most fathers have legal rights and responsibilities as a parent - known as ‘parental responsibility’. Thank you. If you and your child’s father cannot agree on travel arrangements when your child spends time with him he can ask the court to determine them. Child custody is determined on a case-by-case basis, which means there is no standard arrangement that all unmarried couples use when they break up. now i want to take my daughter responsibilities but my partner haven’t register me on birth certificate. If the relationship breaks down, in relation to child custody unmarried couples may find they do not have a say in important issues such as where any children will live, on issues of contact or issues concerning medical treatment. Thank you. Thanks. I recommend that he calls the office to make an initial appointment. pls let me know what steps should i do to contact him because he blocked me in all communication that we have.pls help me my baby needs his father figure and support aswell. Hi. The rules on custody and visiting rights are unique to each EU country. This gives the father the right to be consulted about decisions relating to the child’s health, education and welfare. Thank you for your comment Claire. You should make the decision that you believe is right for your daughter. This means that you have an obligation to pay child maintenance in accordance with the child maintenance service’s calculation. His name is on my daughter’s certificate. A father can consent to have the child assume his last name. It is generally considered important for children to have a relationship with both parents and to know their extended families, so long as it is safe for the child. Does my ex partner automatically have full custody if we have spilt up? If we split up I understand it is possible for the house to be transferred into my name until the children reach 18? An unmarried parent who didn’t give birth to the child may have to prove that they are, in fact, the child’s other parent before they can be granted formal custody rights. If your son’s father will not return him then you should take urgent legal advice about making an application for a specific issue order for your son to be returned to your care and a child arrangements order formalising the time he spends with each parent. Unmarried parents may come into an agreement where one of them assumes sole custody or they may agree to take joint custody of the child. To her credit, she does allow plenty of time for me to see him, my only concern is that she will not allow me to see him without her present, which restricts my life from moving forward as I’m spending the best part of my free time with my ex. If the home is owned in joint names then your daughter and her ex-partner both have the right to live there. I strongly recommend that your brother seeks specialist legal advice before taking any action. I recommend that you consult with a specialist family lawyer local to you. I suggest that you meet with a family consultant or a mediator with your child’s father to try to establish trust between you so that your child can have both parents in their life moving forwards. From Saturday 5.30pm until Tuesday morning. Thank you for your comment Megan. However when we do occasionally not get on, we have extremely explosive arguments where he constantly threatens to not let me see my son. Thank you for your comment. But it’s hard to see her as she lives abroad. A child’s name cannot be changed without the permission of everyone with parental responsibility (in this case the father) or permission of the court. I would suggest that you contact a specialist Resolution family lawyer who will be able to provide you with the advice that you need. I strongly recommend that your daughter takes legal advice as a matter of urgency. Whether or not he should be told where his child is living will depend on various factors, including whether he has parental responsibility and whether the Local Authority think he poses a risk to his ex-partner and child. My ex has a criminal record for possession of firearms and has numerous harassment orders from other women on him and was also having multiple physical relationships with other women throughout our relationship. thank you. After promising the girls a great day. Making arrangements directly with your daughter without communicating with her father places your daughter in the middle of her parents, which is not a nice place for a teenager to be. 5) Is there any consequences regarding the law if he is still being an alcoholic and using drugs recreationally? I currently live with my partner (unmarried) and our relationship is rocky at best, he keeps threatening if we break up that he will take our daughter to Poland and is trying to get her dual citizenship. I helped her get set up in a rented home at the time (financially), however we argued for the last few months, and she basically cut contact. Thank you for your comment Kelly. Hi Lisa I have a fully checked out nanny plus my new partner works from home, si takes him to school and stays over sometimes. I have a young child age 3 unmarried and seperated. We jointly own a house, in which I live with my daughters, and 3 rental flats in a joint ownership contract. As my daughter (of 1 years) father signed the birth certificate with me, I understand he has parental responsibility. Thank you, Hi Yvonne, I am sorry to hear that you are having such a difficult time. However, if you remove a child from the jurisdiction of England and Wales without the consent of everyone with parental responsibility you could be committing a criminal offence. I reached out to her a few months ago now the child was nearly 7, to which we are now on friendly terms, however she doesn’t want me to meet him at this stage, as she doesn’t want to mess with his head as she let him think the other man was the father (delightful I know), however I also found out that when he was a few years old, she changed his name by deed poll to her ex husbands name). *The school emailed last week informing of opt in July 1st starts for year 6 – My eldest daughter If we can assist then please do not hesitate to contact us. The term Partners refers to members of Wells Burcombe LLP. Hello Quick Question, I recently came back abroad. She is keeping all these arrangements very secretive from me but I do know she has been viewing properties. Your boyfriend’s behaviour sounds controlling and I wonder whether this was a characteristic of your relationship. There is no time limit on your child’s father applying for a declaration of parentage at any time, which would update your son’s birth certificate. how ever they tried to hide because i have made complaint on them and now they hiding with my baby . You can simply stop spending time with the children. I am unable to advise you without understanding your specific circumstances, so I recommend that you contact our office and book an initial consultation. When a married couple with children divorces, it is automatically assumed that the husband is the father. 619-485-6476. I hope this helps. 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