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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34236
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 husbands name is ***** ***** 15 year old sons birth certificate.

Resolved Question:

My ex husbands name is ***** ***** 15 year old sons birth certificate. He is not his biological father which he knew about and accepted from when my son was conceived. My son was told this last year. We stayed married but divorced when my son was about 10. A divorce court order was in place for child maintenance up to end of schooling etc, approx 2 years later, this was "mutually" changed to lower amount due change of his work salary. Early last year he wanted to change amount again due new relationship which had children involved - he has since married- this time though I initiated a CSA claim which has dragged on due to his unwillingness to pay. After 18 months of CSA chasing him, he has now got to the point of informing the CSA he is not my sons biological father to get out of maintenance and arrears. Where does he stand legally re his parental rights & responsibilities now that he has made the statement he is not the biological father? Does he relinquish these? The CSA said they require a DNA test to prove etc, and can the Court order be now re-enforced as the CSA route will be closed and will now not supersede the Court order?
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.
What parental rights has he been exercising?
Is there going to be a DNA test?
Clare
Customer: replied 3 years ago.
Hi Clare
He has all parental rights at present.
He is currently away in Spain & will only be back early September. My son is going out to visit him for a week at the end of August.
So, as regards ***** ***** test, work on the probability that it will happen sometime in September as he seems desperate to get the CSA off his back & it is them that are saying that that's what needs to happen to close the case.
Leigh
Expert:  Clare replied 3 years ago.
Hi
When will your son turn 16?
Clare
Customer: replied 3 years ago.
3 Feb 2015
Expert:  Clare replied 3 years ago.
Hi
So long as his name is ***** ***** Birth Certificate he retains Parental responsibility
In any event given your son's age of he wishes to maintain links with his father the court will promote this
If he is not the biological father and a CSA assessment cannot be made then the Court Order remains in existence and can be enforced
Please ask if you need further details
Clare
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