She is nearly 4 years old (July). You and your partner should seek to agree arrangements for your daughter and neither of you should attempt to impose a change to the status quo without the other’s agreement. Could you kindly advice on what my options are, please, including applying for full custody of my son. Your husband has the right to be consulted on any decisions that impact on his son, including those relating to health, welfare and education. We are specialist family lawyers and are not able to assist with your citizenship enquiry. She resides with me since he walk out when she was one years old. I suggest that we meet to discuss this further. She has a school residential trip in 3 weeks and he has already told her “she cannot go as she no longer goes to school in Spain” (we are legal Spanish residents). It is really important that your daughter takes urgent legal advice about her situation. We’ve lived at the same address for over 3 years. After promising the girls a great day. Only one parent can claim child benefit and as the child stays more nights with his mother I would expect his mother to continue to claim child benefit. Her father still lives in the UK and sees our daughter (freely) at Christmas. We cannot advise on specific issues, and this is a fairly complex matter. My partner was devorced and have agreed shared custody in the devorce paper. I could never allow my child to “go” but also dont want to see her grow up without her mother , the mother is very down all the time and its hard to see , i have no idea what to say or do around her . I suggest that you seek specialist advice from a family law solicitor. If you cannot reach agreement with the child’s mother then you should take legal advice to explore your options. I have not discussed the situation with her father as he “wants nothing to do with me. When a child is born to married parents the husband is presumed to be the father. So thank you so much in advance. Most people would like to be represented within proceedings, but unfortunately for financial reasons many parents have no option but to act as a litigant in person and manage the litigation without legal representation. What are reallistically my options to spend with him as much time as possible (ideally 50 %) Also, if the mother move out of London (without leaving England) what are my rights?There are more things that I’d like to discuss but these are the basic ones. Thank you. Since then he now has come involved seeing our son every couple of months. I believe he is too young for nursery and I would rather care for him 3 days a week and the mother cares for him 4 days a week. Please let me know if I can assist further. Shes offered me a choice, either the child goes or i go ! Thank you. That said, before making a court application I would recommend that you try discussing arrangements for you children at mediation. The thing is we’re unmarried and not in good condition for almost 3 yrs. Hi Lisa, thanks for your comment. You should seek advice from a specialist family lawyer to discuss the framework that best suits you. There are different court rules and procedures that unmarried couples must take that are different from those of married and divorcing couples. He also tries to say her health is suffering, I’ve been to the GP who said she is healthy. What rights do I have what actions should I be taking right now to ensure in the event of this happening which it is more than likely to happen that I gain full custody of my twins. We will make every effort to help you find an amicable solution without involving the courts. I told him that at 14 years old, she is sensible enough to show him my text messages for future arrangements. Dear Noah. I would like to register my daughters birth as a matter of urgency as i need this to sort put housing however he keeps pestering me about it and does not agree with the name. However, it’s helpful to know and understand how unmarried parents’ custody and visitation rights are impacted by separation, and what obstacles unmarried parents might encounter. He has support at college as has learning difficulties. Also my partner’s mother believes he would have to adopt our son to be legally his. Hi my granddaughter is 11 years old , and her mom is trying to stop her coming over to stay at the weekends with her dad , he’s had her every weekend since she was 2 years old as they had separated , the mom works weekend and so does the stepdad so she is being left on her own in the home for up to 7/8 hours on Saturday and 5/6 hours on Sunday, is she allowed to stop her coming to stay with her dad if our granddaughter is saying she wants to be with her dad , he can’t see her in the week as she lives and goes to school in Kidderminster and my son lives in Birmingham. Hi. Thank you for your comment Kelly. His father and I are unmarried and have generally had a good relationship when co-parenting our son. Now, I am not so keen on his idea as I think it might be a part of his plan to take her away from me, and also as my little one is only 5 and my ex and his now wife both smoke weed quite frequently (which I have no proof of), I wouldn’t like her to be in this environment (unsupervised) until she is old enough to understand and be able to let her mum know about these things. As your partner is on his child’s birth certificate he shares parental responsibility with the child’s mother. The following is a summary of child custody and visitation rights for unmarried fathers, with information on establishing paternity and drafting parenting agreements. Please contact our office and we will be happy to arrange this for you. Hello, things are not great between my partner and I and i am looking at leaving. There is a presumption in law that a husband is the father of a child born to the wife during the marriage. Would your parents support you in asking him to leave the property? The mother of the children decided she’s not capable to cope with the children anymore Registered No. Her Family are Alcoholics and i can prove it with Photos , Videos And social media . Unmarried parents do not have the same rights as married couples. My daughters name is double barrelled so she has mine and his. Under Georgia law, if a child is born outside of marriage, the mother has sole legal and physical custody rights to the child. If you have not included the father’s name on the birth certificate he can make an application for his name to be added. i have no criminal record and there is no history of police involvement or abuse during the relationship. This is a complex issue and you should seek urgent advice from a specialist family solicitor. My relationship has broken down due to emotional abuse. he is on the child’s birth certificate but i want to move abroad with my son as i am romanian but my partner is british. Hi, You may find these resources helpful: https://1gu3xt3qq8id2mr6f51sklsr-wpengine.netdna-ssl.com/wp-content/uploads/2015/12/FLP_Factsheet_-_Parental_Responsibility.pdf https://1gu3xt3qq8id2mr6f51sklsr-wpengine.netdna-ssl.com/wp-content/uploads/2015/12/FLP_Factsheet_-_Arrangements_for_the_children_following_relationship_breakdown.pdf, https://www.familylawpartners.co.uk/blog/how-mediation-can-help-parenting-after-parting/, https://www.familylawpartners.co.uk/blog/child-custody-carrots-and-sticks/. He is however your child’s legal parent. In reality, unless the mother is unfit in some respect, it’s highly unlikely that a court would remove the child from her care and give full legal and physical custody to the father. Unfortunately, we are unable to provide benefits advice. Am I a bad mother by want to do this? Thank you for your comment. How to apply for custody of a child in the UK. 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. I am so sorry to hear that things at home are so difficult. He is however beginning to eat some solids. I urge you to get in touch with a specialist family lawyer so that you can get the right advice for your situation as soon as possible. About 16 months ago, I separated from the father of my kids after he admitted to being a drug addict and a repetitve cheat since the beginning of our 12 years relationship. From Saturday 5.30pm until Tuesday morning. Am I right to be annoyed he hasn’t told me and that he lies about why he can’t see his son because he’s going on holiday with her? My partner and I are separating and have lived in rented accomodation. My ex and I split up before my daughter (now 11) was born. His parents gave them £10k deposit for their house and his reason for staying is he says he owns more of the house! Parents have equal rights to legal and physical child custody. Please help me, your response very appreciated and big help for me please thank you Malou. This is an order that specifies who a child lives with or spends time with, and when. Registered No. Thank you for your comment Kostis. For most parents, one of the most important aspects of life is the relationship with their children, and ensuring the children are well taken care of, happy, and leading good lives. This includes the right to custody or visitation. Thank you for your comment Samantha. I’ve offered to pay maintenance, i will be the only one with a job in the separation etc. I recommend that you seek advice from a specialist family lawyer about your situation, we would be happy to help. My question is: 1. Thank you for your comment James. The father of my child and I are no longer together but he is on my son’s birth certificate. Your situation is complex and I am not able to provide tailored legal advice in this forum, but if you contact the office we would be happy to arrange an initial appointment for you. Entering into a Parental Responsibility Agreement with the child’s mother, Obtaining a Parental Responsibility Order from the court, Obtaining a Residence Order from the court. A father named on the birth certificate of children born after December 2003. I am unmarried woman from the start when the baby only fetus and I giving birth to my son year 1999 and only parent sign to his birth certificate and use all my middle initial and family name. I did not even have him put on the birth certificate. The presumption is that it is in a child’s best interests to have a relationship with both parents. One of the first hurdles is paternity, since unmarried fathers are not assumed to be a child’s biological parent. 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. I was in long term relationship and living with my ex partner. His name is on birth certificate. With our time being shared on alternate weekends I assumed that any time outside of this would be regarded as time that we could still contact each other, after all she spends a lot more time with her mother than she does with me. I obviously believe he isn’t capable to look after the child. As your child’s father is named on the birth certificate you share parental responsibility with him. Unless your child’s father agrees that she should live with your parents, the court would then decide what was in your daughter’s best interests. He sleeps in till 3pm on most of his days off, doesn’t help with my son at all and doesn’t even attend his doctors appotiments. Thank you for your comment. i know he will not allow me to go back home, what are my rights? An arbitrator will make a decision for you, as a Judge would in court proceedings. Thank you for your comment Harriet. The relationship between him and his girlfriend is now breaking down and he would ideally like her to leave the home and for him to remain in the home with primary custody of the children. Thank you for your comment. We are attempting to decide on our separation amicably but we don’t seem to see eye to eye. I hope this makes sense to someone. The last arrangement (only last weekend)he didn’t show up. Contact Embry Family Law firm for a consultation today at (619) 485-6476. What would be the best thing to do ? Thank you so much! He wants to see her but I feel it isn’t the best thing for her. You should try to decide between you where your daughter should live. Thank you for your comment Flavia. We are unmarried and he is named on the birth certificate. This is causing me to be depressed and I’m not getting any great help from social services. Thank you, Hi Yvonne, I am sorry to hear that you are having such a difficult time. This isn’t the first time either that she’s been reluctant to take the baby back on other times the father travels to drop him back to be told she doesn’t want him and he’s to stay with him for a few more days. How do I add his name in her UK birth certificate if the father refuses to register and he is not in the UK. Thank you for your comment Katharina. We bought the house for £145,000 but we seperated 10 days after moving into the house. It became clear that he had planned this and after 2 weeks of laying foundations with my daughter it is clear that he sees it as a permanent thing. Hi, I have a 7 year old son. This means that father has no rights or responsibilities when it comes to the child. I and my ex boyfriend we split up, we have a 14 months baby. 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. child custody, child support, and visitation. Shes trying to get birth certificate from some where and then leave country without my permission . Thank you for your comment Liam. Hello, looks like some really good advice here and frankly I need to ask for some help this time. Is this true ? There is no ‘automatic’ right to ‘custody’ following a separation and you have Parental Responsibility as you are named on the birth certificate. this is having a real negative impact on my sons life and on mine, where would i stand on having at least 50/50 custody instead of every other weekend? However the verbal and emotional abuse continues and I am now in therapy. The process you would need to follow to amend your daughter’s birth certificate is a declaration of parentage. He is however your child’s legal parent. Note that lawyers in UK are extremely expensive for an average Greek income but i’m willing to do it. Registered Office: Head Office, Family Law Partners, 5 Clifton Mews, Clifton Hill, Brighton, BN1 3HR. His son on holiday? Custody Laws . I would suggest that you consider attending mediation with your daughter’s father so that you can discuss arrangements for her to spend regular time with you and agree an effective way of communicating in the future. If you were to decide to end your relationship and it was not possible to agree suitable arrangements for the children to spend time with you, then you should make an application to the court. I recommend that your friend contacts the office to book an initial appointment so that you can get the advice that you need. I suggest that your partner seeks advice from a specialist family lawyer who is a member of Resolution. He has ignored all my messages and calls ever since. I’m not allowed to wear make-up if I go to lunch with my friend and if I do he gets verbally abusive enough to upset me and make me cancel. They have two children and he is on both birth certificates . Thank you for your comment Joe. Parental Responsibility can be a major issue for unmarried couples. Hi my son and his girlfriend have just parted they have two boys and they are both in his name she is being really unreasibable the split was amicable the csa have told him how much he needs to pay her per month abd he has agreed he loves his boys and i look after them every week on cerrain days ge is so frightened she will stop him seeing them as she wants more money from him he cannot afford what should he do. Thank you for your comment Dani. 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