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Ask Clare Your Own Question

Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33291
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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i am named as father on birth certificate and it turns out

Customer Question

i am named as father on birth certificate and it turns out by dna test i am not the father can i still apply for custody if relationship fails and myself and the mother are not married. I have lived with the mother since before the birth of the eldest child (now 5 years old) and assumed the child was mine biologically until the split.

Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 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.
Who has had the day to day care of the children until now - and how old are the other children?
Clare
Customer: replied 2 years ago.

the children of this relationshipwith my name on birth certificate are 5, 3 and 18months, they live with mum at present. i dont know if either of the other two are mine or not but i would wish to have contact with all of them and pay maintenance for all of them. there are three other children from a previous marriage aged 12 and 10 year old twins that i have lived with for 8 years.


the mum does also have a drink problem and suffers with we think manic depression, she has attempted suicide twic recently and is in denial about the drinking so much so she i think is using womans aid and trying to say this is because i am contolling.

Expert:  Clare replied 2 years ago.
Hi
Are Social services involved?
Clare
Customer: replied 2 years ago.

No because the ex husband might try for residency of the older children if he finds out the situation.

Expert:  Clare replied 2 years ago.
Hi
Sorry = just to check - you are all living together at the moment?
Clare
Customer: replied 2 years ago.

Yes

Expert:  Clare replied 2 years ago.
Hi
If you separate you can apply for all the children to live with you despite the position with regard to Parentage.
The court has to consider what is in the best interest of the child and since it is clear that for both you and the child you are his/her father it is in their best interest for you to continue in that role - and if the younger children are in your care - so will the older one be
I hope that this is of assistance - please ask if you need further details
Clare

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