I’m concerned for the unborns future as she suffers psychological episodes linked to childhood trauma. If you are not on the tenancy agreement and are not married, it is unlikely that you have any right to live at the property. If you require a DNA test to confirm your child’s biological father then this could take place safely using a kit delivered to your respective homes and posted back to the laboratory. She resides with me since he walk out when she was one years old. I am sole carer for the girls and provider I don’t want him involved with them now because just caused upset and distress I can’t go through the drama every single time the threats the abuse the kids get effected. hi. So I have a few questions: My daughters name is double barrelled so she has mine and his. We them decided to have a child together, during the pregnancy he became controlling and verbally abusive the police had to get involved. Child custody arrangements can be extremely difficult to tackle when two people have gone through the ordeal of a divorce or separation. He said she isn’t old enough and I should contact him. Where do I stand? Hello, me and my ex partner had our child in 2013, he is on the birth certificate however, he kept her for 3 weeks claiming he can keep her for however long he likes, he’s done this before and I had to ring the police and they said because his name is on the birth certificate they cannot do anything, he’s done this twice now, I’m wondering if he has any power to do so? He is a model son now and his mom has him 4 days a month. Instead, they look at the overall circumstances when deciding what is in a child’s best interests. 4) Does the fact that he has maintained an unfaithful relationship and a drug addiction (using our joint money without my knowledge and thus agreement) affect his situation in this separation? 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 Divine. If you and your boyfriend cannot agree what is best for your baby for when he or she is born then you should contact a family solicitor for advice. She said she is the parental guardian and she has all the rights. Today we will consider unmarried parents’ legal relationship with their children and tomorrow we will move on to consider the financial obligations. 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. Wells Burcombe Solicitors and Wells Burcombe are trading names of Wells Burcombe LLP. We are not able to offer tailored advice on this forum as we would need much more information from you. Could You Please Advise & Sorry for the long story. 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. First Step: Establishing Paternity Fathers who were not married when their child was born must legally establish paternityin order to gain access to father's rights. Up until now I have not heard from him. You may wish to consider attending mediation. I look after the child whilst the partner is at work so I am the main carer. Your son’s father shares equal parental responsibility with you as he is named on your son’s birth certificate. Is the application / declaration for parentage or parental responsibility order be the road to gaining full custody? This means that you have an obligation to pay child maintenance in accordance with the child maintenance service’s calculation. Please help me, your response very appreciated and big help for me please thank you Malou. Does an unmarried father have the same rights as a married father after separation? I am not married to my partner but he is named on my little boys birth certificate. 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/. I also agree that your daughter is right to demand consistency. How can I get my child registered as a British citizen by virtue of the father’s nationality as a British, with or without the father’s help? I’m a single mother who was never married but do appreciate that my child’s father has legal responsibility for him. Unfortunately, we are not able to provide tailored legal advice in this forum. You should seek advice about your particular situation, including child arrangements and the jointly owned properties. I felt I had to back off when the girls were young – and it was used as reasons to stop me having more than 2 days access. We are making a record of when we have the child to back up our case for if she ever did try to take full custody or if she ever decided to move far away or even out of the country (because she’s not British). I am the sole carer of my 1 year old daughter and he sees her on a weekly basis. I have copies of all his documents (passport/I.D etc) and he is willing to do or sign anything it takes as long as it doesn’t require him to be here in person as he can’t – as much as he would have loved to. I suggest that you contact a family lawyer as we are only able to advise on the law of England and Wales. I came back to work full time so I can rent something to move out. He hasn’t told me he’s with someone else. We are not married but I have parental responsability and I’ve been super involved in everything since the early stages of the pregnancy. I encourage you to consider mediation, to try to resolve this issue between you for your daughter’s sake. However, if your daughter’s father poses a risk to either of you this may not be appropriate and you may need to take urgent action without informing him first. If you want to end the relationship there is support available to you, I suggest that you contact Women’s Aid in the first instance. All mothers and most fathers have legal rights and responsibilities as a parent - known as ‘parental responsibility’. Some states presume that parents have joint custody, while others do not. An unmarried mother who is the sole custodian of the child must remember that she is protected under the child custody laws for unmarried parents. I strongly suggest that your friend seek legal advice from a specialist family lawyer in relation to this matter. What are my rights in this situation as i really want to register her under my surname and a name i have picked. Child Custody deals with the rights of parents to their children. 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. Child custody is a legal term regarding guardianship which is used to describe the legal and practical relationship between a parent or guardian and a child in that person's care. When the court is making its decision about who should have custody of the child, the most important factor for it is the welfare of the child. Wells Burcombe LLP registered office: 5 Holywell Hill, St. Albans, Hertfordshire, AL1 1EU. Many thanks. 1) What legal advice can I seek if the ex decides to inform my family members without my permission about the child? Unfortunately, we are unable to provide benefits advice. Wells Burcombe LLP is authorised and regulated by the Solicitors Regulation Authority (SRA Number 488294). Unfortunately, we are not able to provide tailored legal advice in this forum. She is keeping all these arrangements very secretive from me but I do know she has been viewing properties. At this point, I want two things. I need some assistance. Hi. The birth mother will always have parental responsibility for a child. She’s nearly 2 and I want my daughter to stay local so she can have a relationship with me as we are currently very close. Your partner would be committing a criminal offence if he took your daughter to Poland without your consent, but there are orders that the family court can make which are designed to prevent this from happening. It is of note that when parents are married, either parent can register the birth without the other present. As I know that men/dads are not very popular. We are both in a OK paid jobs and working full time. You should be aware that the father could apply for a declaration or parentage (which would add him to the birth certificate) or make an application for parental responsibility, for a child arrangements order to spend time with the child or for a specific issue order to change the child’s name. The thing is we’re unmarried and not in good condition for almost 3 yrs. As your partner is on his child’s birth certificate he shares parental responsibility with the child’s mother. I never had any problems with police or never used any drugs or anything like this. i am on his birth certificate but me and his mum are unmarried. By DiBella Law Offices on March 4, 2020. The mother of the children decided she’s not capable to cope with the children anymore You may find that mediation will help you reach a decision. Can the court remove his parental responsibility if we were married at the births of the children but have been divorced for a number of years so now unmarried? Nevada courts typically award parents joint physical custody of their children born out of wedlock unless it is in the children’s best interest to grant one parent primary physical custody. This can only be back dated to the date of claim. Hi, someone I know did a traditional customary marriage in Africa few months earlier before her husband divorce absolute came through.they have kids that are based in UK and british citizens because her partner is British,,,now she wants to join her family to live in the UK because their kids are still very young is the traditional customary marriage legal that she can use as part of her marital documents because they are planning to have a legal registry in the UK after she is granted the leave to remain. Regardless of whether you have a formal order in place, if your son usually lives with you and you receive child benefit for him then you have the presumption of residence. Please could you advise? Thank you for your comment Erin. If he cannot reach agreement with the child’s mother then he should take legal advice to explore his options. The unmarried father has no custody or visitation rights. (Scroll down to section 2 for more information about what constitutes “the best interest of the child.”) I strongly recommend that your daughter seeks advice from a specialist family solicitor so that she can consider her options; if we can assist you further please do contact us. How does this work if I wish to sell the property and move somewhere else? My friend feels that he has no rights and she can do what she wants. Thank you for your comment Joe. 6 years have passed since the child was born and the father has never been part of her life nor offered any type of financial support for the child. If you chose to register the birth on your own, the father then can make an application to be added to the birth certificate. I strongly urge you to take urgent legal advice about your situation. I am a bit anxious on my current situation. The house is in my name, we aren’t married, and she has never paid towards any bills. Parental responsibility can only be removed from a parent in very narrow circumstances, such as when a child is adopted or a parental order is made. Thank you for your comment Flavia. Thank you. Thank you for your comment Pauline. What rights do I have? As such, he is entitled to visitation and custody. I would agree that it is better for you and your child to avoid court if that is at all possible. A child born to unmarried parents will assume the mothers surname by default. What are my rights in these sort of decisions? I allowed my ex supervised visits with my son for various reasons, and this was granted as such by the judge, and is stipulated on our divorce decree paper. We have offices in Brighton, Horsham and London. I contacted a lawyer in Portugal who advised me in order to ask the Portuguese court to approve to add his name to her Portuguese documents I would need to submit her birth certificate with his name added. The old ideas of child custody no longer exist in English law. We shared all the bills under both names. Thank you for your comment Mana. I recommend that you consult with a specialist family solicitor so that you consider how to safely end your relationship, if this is what you want. I am unmarried and my son’s father is not on his birth certificate. Hi Seeing I have no obligation to inform anyone, I am nervous that she may begin contacting my parents. My daughter father is on birth certificate, my home is in my sole name, i have child benefit, we are not married can my partener take my daughter without my consent had he made number of threats ?? 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. This has given me the courage to want to leave and I have told him. If the home is owned in joint names then your daughter and her ex-partner both have the right to live there. If you are not married and your child’s father is not named on his birth certificate he does not automatically have parental responsibility for your child. 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. Thank you for your comment Dani. Which is absolutely fine with us. He hasn’t called or visited to see or check on the baby since we left the hospital. It has become clear that her mother has now stopped her using her iPad so we can no longer freely communicate. My partners x partner is taking him to court not to see his son or let him back in Scotland from England. Prior to that, he lived with me during the week and stayed with his dad at weekends. Am I a bad mother by want to do this? Please advise, can the court authorise for his name to be added without him living in the UK? If you and your child’s father cannot agree, then legal action can sometimes be necessary. How long without my sons father not bothering with him do I still have to get permission to move us abroad for work. We live about 2 and a half hours away from each other which was a partial reason for the breakup. My partner is the main bread winner works 5/6 days each week. You should take legal advice as soon as possible and if you contact the office we will be happy to book an initial appointment for you. So, I am not in a financial position to give the child the best quality of life possible. Unless otherwise ordered by the courts, both parents have joint legal custody if they resided together after the birth of the child, regardless of their marriage status. 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. My daughter is 11 years old. The general principle is that it is in your child’s best interests to have a relationship with both parents, unless there is evidence that this would place a child at risk. If they do so, they may be guilty of the criminal offence of child abduction. Looks after him through the holidays when she working .goes down and stays when she’s away with work .She sends him of to his uncles when she has no childcare .my partner was charged with domestic towards her but she was drunk and was always abusing him physical and verbaly and he wouldn’t hurt a fly he is such a loving person and is totally at his wits end with the stress and it’s causing problems with us .please advise. I am a single mum with a daughter to a man I never married. The unmarried father does not have reciprocal rights to a biological child until legal paternity is established. Again, the arguments started, which did not help the situation. My Son is 15 now. Hi, I have a 6 month old baby with my ex partner who dictates when I can and can’t see him. I want to move to America to be with my fiancé and my daughter has built a relationship with this man also. Thank you for your comment Lyn. Hello Julia, thank you for your comment. Thank you for your comment, Harriet. 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. Do I have to provide my ex with a daily diary when I am away from home at work sometimes 2 days per week, or should he just accept the fact I am a responsible and loving parent. If we can assist please do not hesitate to contact us. You should seek advice from a specialist family lawyer to discuss the framework that best suits you. If the child has lived in a different state for six or months, the home state no longer has jurisdiction. If you wish to move abroad with your son and his father does not agree, you should make an application at court for permission to remove him from the jurisdiction. If your son’s father ever did obstruct your son spending time with you, I would recommend trying to resolve the issue in mediation. He works away abroad for months on end and can’t commit to any regular time to see her and refuses to turn down work to see her Please help! Thank you for your comment Sarah. My ex partner wants to register the birth with me and keeps pushing me to let him take a paternity test. I am sorry to hear you are going through a separation. It all seems like she’s using him as a weapon to control an element of my life. Kind regards 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. What’s the difference between full custody, and parental responsibility and what should i hope from the Uk legal system about this? Thank you for your comment. If the father doesn’t turn up for the birth certificate signing and has been very unsupportive through the pregnancy and we aren’t together anymore… The individual who will be granted responsibility for the care of a child is determined by child custody law in the UK. He lived in the UK for 3 years before. She is also using my parenting ability as a reason, even though she has no actual facts that suggest I’m unable to look after him (she’s even admitted she’d let her mother look after him before letting me for the simple reason that she has more experience). 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. The following is a summary of child custody and visitation rights for unmarried fathers, with information on establishing paternity and drafting parenting agreements. I am from europe so i dont have any family to go to here and at the moment i cant even fly to my home to stay with my parents. There is a presumption in law that it is in a child’s best interests to have a relationship with both parents. Rhiannon, I understand from you comment that your son lives in South Africa. They both live together in the home and she contributes to the rent and bills however the tenancy remains in just his name. There are different court rules and procedures that unmarried couples must take that are different from those of married and divorcing couples. Saying he is getting social services involved I said do it go ahead. Shes offered me a choice, either the child goes or i go ! Here or in my country? I also take care of the child from the moment my partner leaves for work to when she comes back. 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. We are not married and she was living in my house which I pay the mortgage for. Thank you for your comment Maros. blog home Family Law What Are the Child Custody Laws in Massachusetts for Unmarried Parents? If he applied what is the likelihood of the court granting him 50% custody and/or living arrangement that the child lives with him please? While the child is a minor, the man has resided with the child and openly claimed him or her as his biological child Unmarried Fathers’ Rights — Custody and Visitation If you plan on being actively involved in your child’s life, establishing paternity the legal way is necessary before you can petition for custody or visitation rights. Her mom says that I have to see my daughter 4 days a month and can look after her during the week sometimes. You should be aware that when a father does not have parental responsibility, the mother does not have to consult with him when making decisions for a child or when removing the child from the jurisdiction (taking them outside England and Wales, whether on a temporary or permanent basis). It is therefore for you and your boyfriend to make decisions for your baby. Have i got some rights? You may also find this article helpful: https://www.familylawpartners.co.uk/blog/external-child-relocation-a-case-study/, Your email address will not be published. I myself(dad) have 2 sons from a previous relationship that have lived with us from day 1 as i had custody and now me and my partner have a 18 month old but we are at the end of the road i think. You should try to decide between you where your daughter should live. It is really important that you seek legal advice regarding your specific situation. I stay at home actively looking for work and going for interviews. Help me please i need some advice. He is also bullying me to move from London to a country side or US, leaving our relatives and friends behind. Charlotte, I am not able to provide specific advice in these comments but I recommend that you seek specialist legal advice as soon as possible. Hi, I had a baby (born prematurely) with my boyfriend at the time. I want my daughter to have a good relationship with her dad but I would like to have sole parental responsibility – he has always used the law and controlling behaviour to control everything around me and my daughter – I personally want a restraining order from him – I do not want any contact but I know he wants to see his daughter please help. Can her mom decide when i can and can’t see her? He already been few times violent with me( i never called the police but have few pictures) , once even when i was breastfeeding my baby and since that im scared anytime he drinks. They have two children and he is on both birth certificates . Thank you for your comment Glenys. He wants to live us. But throughout the pregnancy he was abbusive and controlling, he never let me talk to my friends about how I felt and constantly checked my phone incase I had communication with people. This is causing me to be depressed and I’m not getting any great help from social services. Also my partner’s mother believes he would have to adopt our son to be legally his. 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. I would just like some advise I Am the only parent on my sons birth certificate as his father did not want to be involved. Thank you for your comment Emma. It’s true however that parents often refer to who will get custody, ask about shared custody and have questions about their rights to have custody of their child. In the United Kingdom, child custody laws decide on who will be responsible for caring for a child, in the event of a separation or a divorce. My partner has a child from his previous relationship. She never had job in UK and she doesn’t have any income now . The youngster now wants to change his surname from the father’s to his mother’s name…also wishes to change religion from father’s Catholic church to mother’s Orthodox church. What I would like to know is what legal document can I have that can state that I am the sole guardian/only parent for my son? Thank you for your comment Kostis. You should seek advice about your particular circumstances from a Resolution specialist family solicitor. Thanks for your comment Tia. Is there any such reference in Common Law ? *The school emailed last week informing of opt in July 1st starts for year 6 – My eldest daughter She likes to see him and I agreed because it was what she wants but it is becoming more of a strain on my current relationship and he also tries every opportunity to drive a wedge between myself and daughter. This blog was originally written by Lauren Guy. Descisions about school and stays over sometimes in court proceedings he slapped me but see! Told me he ’ s legal parent, this is an order which specifies who child... Is required to change a child and should be protected from any between... Makes an initial appointment to get advice around your particular circumstances from a specialist solicitor. A constant battle regarding what ’ s birth certificate for child maintenance half years will go that far and... Partial reason for the sake of my life with no arrangement today as our younger has. 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