How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
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
13262538
Type Your Family Law Question Here...
Clare is online now

How can an unmarried father ensure that his partner will not

Resolved Question:

How can an unmarried father ensure that his partner will not deny access to their child if their relationship breaks down or if he deems his partner to be an unfit mother and how he could gain custody
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 is the father named on the birth certificate?
Clare
Customer: replied 3 years ago.

Hi


 


The child is 1 year old, the father is named on the birth certificate and currently lives with the mother but the mother is showing signs of instability, drinking a lot and not going out with the child, she relies on the baby's father to cook and shop even though he works longs hours on a self employed basis. The fathers family have supported the mother since before the birth of the baby as the mother has fallen out with her own family. The fathers family and particularly the paternal grandmother look after the baby's interest and up until now have had contact with the baby numerous times a week. The baby has recently suffered a sever burn to his arm from hair straighteners, the fathers family have been the ones to take the mother and baby for specialist hospital visits. The mother has recently turned on the fathers family cutting off contact. The father is staying in the relationship because he is worried for his son. We need to know how the father can guarantee rights to his son if the mother decides to cut off all contact and take the baby away, she has no family support other than the fathers family. The concern is that if anything happened to the mother the father would loose custody to the mothers mother who is also unstable and has a history of mental problems.

Expert:  Clare replied 3 years ago.
Hi
How did the burn actually happen and were Social Services alerted?
Clare
Customer: replied 3 years ago.

The baby pulled the hair straighteners off of the dressing table by pulling the lead, he had just started walking. The hospital notified Social Services who phoned the mother, they were going to make a home visit but have not done so

Expert:  Clare replied 3 years ago.
Hi
Your son has Parental responsibility for the child and if he and his partner split up the child is entitled to have contact with both parents and if he and his ex cannot agree arrangements between them then the Court can impose them - your son can read more here
http://theparentconnection.org.uk/
The parents have equal rights
Given that he has played a large part in the care of the child there is no reason why your son should not seek an order whereby the child spends time with both parents each week and it is likely that any application would be successful
Certainly there is no chance that the mother will be able to prevent your son spending time with his child.
In addition if anything happened to the mother it is your son who will take over the care if anything happens to the mother
He can read more about court applications here
https://www.cafcass.gov.uk/media/168195/cb7-eng.pdf
Please ask if you need more details
Clare
Clare and other Family Law Specialists are ready to help you
Customer: replied 3 years ago.


Thank you for the reply. We have been told that the father suould sign some form of legal parental control form to ensure he has legal wright over his son, is this correct and if so does this have to be via a solicitor.

Expert:  Clare replied 3 years ago.
Hi
No there is no such requirement.
He was named on the Birth Certificate at the time the birth was registered and that is sufficient to give him Parental Responsibility for the child - nothing else is required
Clare

Related Family Law Questions