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Ask Clare Your Own Question

Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33311
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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What rights do my son have with his house and son

Customer Question

What rights do my son have with his house and son
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
I shall do my best to assist you but I need some further information first.
Could you explain a little about the background to your question including the age of the child and whether or not your son was married to his ex?
Claire
Customer: replied 3 years ago.

His girl friend has ocd, she has been unreasonable with the up bringing of the child, when she fell for my grandson she moved back with her parents as she said she could not cope as she was not taking her medication. my son found a house for them to rent which he could not afford. she refused to move in until she had the baby, and then he was about 6 weeks old. my son was holding him while the mum got his feed and as my son is a postman he nodded of and the baby slipped down on to the settee which she then would not let my son hold him. or be alone with him he got her to see her councilor who said she needs to draw a line under this, as he was paying the rent and bill he had his car reposed they then was asked to move out as the owner wanted to move back in he applied to go on the council list went up to see them got a house back in February which they moved in to he pays the rent which is £153-00 app .she never goes out with him she will not let him take him out for a walk he is not allowed to bring him to us or his nan as we both have dogs she has told him that she will get a court order to stop him taking the baby to family or anyone she does not like my grandson is 16months old

Expert:  Clare replied 3 years ago.
Hi
Are they still living together?
Claire
Customer: replied 3 years ago.

There are still in the same house but her father has told him he will get a court order to get him out, they are not sleeping in the same bed he is on the settee

Expert:  Clare replied 3 years ago.
Hi
May I just check that your son is named on his child's birth certificate?
Claire
Customer: replied 3 years ago.

Yes it is

Expert:  Clare replied 3 years ago.
Hi
Excellent thank you
Is your son intending to move out?
Claire
Customer: replied 3 years ago.

I have told him not to as it would mean he has no where to go, he could come here but then we are over crowded, i have said to him that she could move back with her mum and dad but they have said they do not want her and my grandchild back which is why he would like to know his rights and if he would stand a chance of getting custody and remain in the house with his son

Expert:  Clare replied 3 years ago.
Hi
From what you have said his ex is the main carer of the baby?
Claire
Customer: replied 3 years ago.

Well that can be said, but when she is working her dad has him, i have looked after him a couple of times and at weekends my son has been allowed to look after him if her family has refuse.

Expert:  Clare replied 3 years ago.
Hi
How often does she work?
Claire
Customer: replied 3 years ago.
15 days a month
Expert:  Clare replied 3 years ago.
Hi
From all that you have said in the event of a dispute between the parents as to who the child should live with then it is likely that the court would decide that the mother had been the principal carer and that the child should reside with her.
However the court woudl also give your son contact - or even a shared residence order so that the child spends time each week with both parents - including overnight contact.
It woudl be more effective if your son finds a property to rent where he can have the child overnight
His ex will NOT be able to get an order preventing your son from bringing the child to your house - he has Parental Responsibility and provided he keeps the child safe then that is all that is expected.
Your son should try and discuss matters with his ex using Family Mediation (www.familymediationhelpline.co.uk)
Claire

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