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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34276
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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Ive been separated from my wife for 8 months and we have a

Customer Question

I've been separated from my wife for 8 months and we have a son.
My son and I have been spending weekends together and my wife has had him for the rest of the time.
A few months ago I met somebody else and things have moved on to the point where we are committed to moving in together, having paid a substantial deposit on a rented house.
The house is only big enough for myself, my new partner and her children.
Now my wife has said that she can't have my son any longer and that she can force me to have him full time and make me find a different dwelling for me and my son.
How do I stand legally on this?
I would like to take him full time in due course, when we've saved up enough for a bigger house.
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
How old is the child?
Clare
Customer: replied 3 years ago.
He is 13 years old, at secondary school and would have to change schools if he lived with me full time.
Expert:  Clare replied 3 years ago.
Hi
Who owns the matrimonial home?
Clare
Customer: replied 3 years ago.
The home is rented and she occupies it with her new partner and eldest son (aged 18) from a previous relationship.
Expert:  Clare replied 3 years ago.
Hi
Your ex cannot force you to take your son - neither can you force her to keep him.
If neither of you wish to have the child in their care then Social Services will have to find a place for him.
Of course if you do wish to take over the care of the child then it would be reasonable for you to return to the matrimonial home in order to care for him.
I mention this as a negotiating point rather than a solution!
Please ask if you need further details
Clare