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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34234
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 wife and I separated in June 2014, due to pressures with

Customer Question

My wife and I separated in June 2014, due to pressures with our small business and with my step children, 4 of, aged from 6 to 13. We married in September 2013 after getting together in spring 2011.

The catalyst to us splitting was my wife miscarrying in May.

Whilst separated my wife had a one night stand and got pregnant through a casual encounter and is now having a baby. The father is a friend of mine that lives a few doors away. Six months on from our original breakup my wife and I are trying to resolve the issues and are going to counselling, as there is still a spark between us, but I need to know where I stand legally.

My wife has told the man that she wants nothing to do with him, didnt want a  baby with him and that she doesn't want a relationship with him. She has also said his name won't be on the birth certificate.

We wanted a baby together and I am quite happy to take the baby on as my own but I don't want him around, as this will have a detrimental effect on my wife and I and my 4 step kids. The breakup and then the pregnancy are already having a massive impact on my oldest stepson with his behaviour at school becoming a real issue.

We also live in a very small village, where all this guys family live, we have considered moving right away.

Do I have any legal rights? Can I stop him coming near my family?

Can I be named on the birth certificate?

Does a man actually have that much say over a person he sleeps with in a one night stand?

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.
has he agreed that he wishes to have nothing to do with the child?
Clare
Customer: replied 2 years ago.
At the moment he has no contact with my wife and she has said she wants nothing from him. We are in the early stages of repairing our marriage having been to 2 or 3 counselling sessions and I want to be aware of what I'm getting myself into.
As far as I'm aware they have had no contact the last 12 weeks. She is 21 weeks pregnant.
Expert:  Clare replied 2 years ago.
Hi
Unless he threatens or harasses you and you family then you cannot obtain an Order forcing him to stay away from your family I am afraid.
If he is the biological father then whether or not your name is ***** ***** birth certificate he can seek contact with the child - and the court will Order it
Obviously moving well away may be the answer to this if at present he has no interest in the child
Please ask if you need further details
Clare
Customer: replied 2 years ago.

Do I have any legal rights if named on the birth certificate, parental responsibility etc?

I am keen to protect myself both if I choose to resolve things with my wife, but also if I decide to walk away.

Expert:  Clare replied 2 years ago.
Hi
If you are named on the birth certificate then yes you will have Parental Responsibility - which will be lost if there is ever a DNA test and the Certificate is amended
Clare