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: 33297
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

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

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Kasare

    Kasare

    Solicitor

    Satisfied Customers:

    204
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
< Last | Next >
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    204
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/TG/TGraham12/2012-7-17_81212_bigstockBusinessHandshake508163.64x64.jpg Thomas's Avatar

    Thomas

    Solicitor

    Satisfied Customers:

    133
    UK solicitor
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Solicitor

    Satisfied Customers:

    7
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    340
    LL.B (Hons), Higher Prof. Dip. Law & Practice
  • http://ww2.justanswer.com/uploads/GL/Glossolicitor/2013-5-14_214834_TWMParkinsonWright.64x64.jpg Glos solicitor's Avatar

    Glos solicitor

    Family Solicitor

    Satisfied Customers:

    2
    10 years experience in all areas of family law, now specialising in cases involving social services and children
  • http://ww2.justanswer.com/uploads/UK/UKfamsol/My face July 2011.64x64.jpg UKfamsol's Avatar

    UKfamsol

    Family Solicitor

    Satisfied Customers:

    240
    Very experienced specialist family law solicitor, qualifed in 1994
  • http://ww2.justanswer.com/uploads/CH/chathamchamber/2011-4-24_191833_1.64x64.jpg chatham-chamber's Avatar

    chatham-chamber

    Solicitor

    Satisfied Customers:

    182
    LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)