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Ask Clare Your Own Question

Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33283
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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My ex says i may not be the biological father and i am named

Customer Question

My ex says i may not be the biological father and i am named on the birth certificate do i have any legal rights to the child?
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 years ago.
Hi
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.
How old is the child - and please confirm that you are actually named on the Birth Certificate.
Clare
Customer: replied 2 years ago.

hi clare , the child is 22 months and i am named on the birth certificate.


a dna test has been done and are waiting for the results.


 


another issue is the 22 months old child and his older brother who is 100% mine and is 5 now live 300 miles away. do i have any rights to say where they live.?

Expert:  Clare replied 2 years ago.
Hi
What contact do you have at the moment?
Would you still wish to have contact if the child is not yours?
Clare
Customer: replied 2 years ago.

I see them when it is school holidays and had them for christmas and yes i would still want contact with them both even if the youngest is not mine.

Expert:  Clare replied 2 years ago.
Hi
When did they move away and what involvement do you wish to have in where they live?
Clare
Customer: replied 2 years ago.

they moved in august and ideally would want they to live closer. or with me? the oldest keep saying he wants to live "home" which is where i am now. as i feel being 300 miles away from cousins , aunts ,uncles etc... is not in their interest. but as i may not be the bio father would i have any say being that i am registered as the father

Expert:  Clare replied 2 years ago.
Hi
Why did your ex move?
Clare
Customer: replied 2 years ago.

she was seeing someone else

Expert:  Clare replied 2 years ago.
Hi
What contact did you have prior to the move?
Clare
Customer: replied 2 years ago.

we all lived together

Customer: replied 2 years ago.

we all lived together , what are the options to me . we all lived together and the youngest may not be mine. do i have rights to see him or do i have rights to say where they live?

Expert:  Clare replied 2 years ago.
Hi
Had you taken action in August then you could almost certainly have obtained an Order forcing the return of the chidlren to your local area whilst the court decided whether or not the move was in the best interests of the children.
However since the move happened five months ago now it is highly unlikely that the court will force your ex to return - and your only chance of forcing the return of the children would be if you were able to make a successful applictaion for the children to live with you - only realistic if you can show that your ex is a risk to the children.
You can however stop her from moving even further away should she attempt to do so in the future
As long as your name is on the Birth Certificate then you have Parental Responsibility for the child.
If you are not the father then whilst you can certainly apply for contact based on the existing relationship you have with the child - and there is a reasonable good chance of success given the ongoing contact you will have with the older child
I hope that this is of assistance - please ask if you need further details
Clare

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