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Kasare, Solicitor
Category: Family Law
Satisfied Customers: 204
Experience:  Solicitor, 10 yrs plus experience in civil litigation, employment and family law
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Hi. I hope you can help. My partner and I are not married,

Customer Question


I hope you can help.

My partner and I are not married, but have been living together since mid 2007. We have a 20 month old daughter. Although I am the mum, I work and am the main breadwinner, and also my daughter's primary carer - she is with an au pair from 7pm to 3pm, and I look after her 3pm until 8pm, plus all weekend, with some ad hoc help from her dad, my partner.

Should we separate:
* who would get custody of our daughter?
* how would I arrange to custody of our daughter e.g. which steps do I need to take to arrange custody?

My biggest concern is that I am a SA passport holder while he holds a UK passport - as does my daughter. I am currently still waiting for my indefinite leave to remain, and am therefore concerned this will count against me getting custody.

Although I earn quite a bit more than my husband and do the bulk of the house work and child care (e.g. I'm the only one who gets up for her at night, I do all baths and meals, i take time off when she is sick, I buy her food and clothes etc) I dont have family close by, and my in-laws are around the corner from us.

Would both this and my nationality affect my ability to get custody? My partner is registered as her father on her birth certificate.

I dont intent to keep my daughter away from her father, and would ensure she sees him and her grandparents, and that her father is involved in her life - I would simply want to make sure she lives with me as I believe I am better able to look after her.

I'd appreciate the advice.
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Thank you for your question.
My name is Clare and I will do my best to help you but I need some further information first.
Is your partner actually likely to contest this?
Who owns the current property and who will remain there?