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JGM
JGM, Solicitor
Category: Family Law
Satisfied Customers: 11436
Experience:  30 years as a practising solicitor. Partner in own firm.
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..scotland..unmarried parents both on birth cert.

Resolved Question:

hi..scotland..unmarried parents both on birth cert. separated 6yrs ago when child 2yrs old and agreed child live with mother. no legal agreement. mother now married and has 2nd child..both children live with her. approx £300 maintenance paid in 6yrs. Father gets child when requested..though often doesnt turn up. and child doesnt want overnights. what is likelihood that court would allow step father to adopt and what would be taken into consideration.

diaries kept for 6 yrs and approx visitation  would be 40 times/year ranging from 2 hrs to 10 hrs max

Submitted: 2 years ago.
Category: Family Law
Expert:  JGM replied 2 years ago.
Is the father likely to consent to the adoption?
Customer: replied 2 years ago.

No

Expert:  JGM replied 2 years ago.
In that case you have no chance of an adoption where he is still exercising contact albeit not in the way you would like. The father has parental responsibilities and rights as he is on the birth certificate.
A court will only normally dispense with consent of the child would at risk were the adoption order not made or if th natural father can't give consent because of disability.
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