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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34105
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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Visitation right to a child

Resolved Question:

Because of work commitments my son has had to leave my home in salisbury and is staying with his nanna in the Isle of Man. If my son was to stay their long term would this have an effect on my ex husband being able to gain custody or excess rights if the DNA tests prove him to be the father
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 and what contact has there been in the past?
Clare
Customer: replied 3 years ago.

Hi Clare my son is 8 months old and my ex husband has never had anything to do with him, has never seen him, and I have never ask for a penny from him, I didn't know I was pregnant until after my husband and I had separated. By which time I was seeing my new partner who is the named father on the birth certificate, but my ex husband wants DNA tests to proof if he's the father, so that he can gain access, resently I returned to work and got let down with childcare so my son went to stay with his nanna whilst I get it sorted out is this going to cause a problem for me in any way if he is found to be the father

Customer: replied 3 years ago.

My son is eight months old and their has been no contact

Expert:  Clare replied 3 years ago.
Hi
Are you saying that you intend for your son to live with your mother and not you?
Clare
Customer: replied 3 years ago.

No he will eventually come back and live with me, but if its going to go against me then I obviously will have to get him back sooner, at the moment we are looking at him living with her for the next few months

Expert:  Clare replied 3 years ago.
Hi
How long exactly will your child be away?
Clare
Customer: replied 3 years ago.

At the moment he has been away since Feb 2nd 2014 and the planned date for him to return is currently 17th April, (Easter Weekend). As I am in the Army and on 2 hours notice to be seconded to help with the floods in the uk, we decided it would be better for him if he stayed with her til then has I should be taken of flood duty by then. My ex is also in the army.

Expert:  Clare replied 3 years ago.
Hi
I assume that your ex is in the same position?
Clare
Customer: replied 3 years ago.

Yes he is and he has not that long come back from two 6 months deployments to Iraq .


 


Any deployments that I have to go on my son would have to stay with my mother and she lives in the Isle of Man, my ex lives in Wales and I live in Salisbury in Wiltshire. So their is a fare distance between us all.


 


 

Expert:  Clare replied 3 years ago.
Hi
Does your ex have a new long term partner?
Clare
Customer: replied 3 years ago.

No he is currently in an on / off relationship with his girlfriend, but it is not long term

Expert:  Clare replied 3 years ago.
Hi
In that case you have little to worry about.
You have clearly made appropriate provision for the care of your child given your operational circumstances.
If your ex is the father and wants contact then it will have to be arranged on the Isle of Man
The only problem would be if your ex left the army and has a settled home but as things stand that is not the case
Please ask if you need further details
Clare
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