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ukfamilysolicitor
ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 724
Experience:  Divorce, Finances, Children, Domestic Violence, Care Proceedings
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I have been Stepmum to a 10 year old years. Her mother

Customer Question

I have been Stepmum to a 10 year old for 6 years. Her mother had an affair with and is now married to her Stepdad. The child lives with her mother and stepdad about 25 mins away from us and we have her every other weekend for 3 nights and holidays and other odd days/nights. We have a great relationship with her and she truly loves her Dad.
Her mother has just advised that she is writing a will and will stipulate that the child can stay with her Stepdad if she wants but that 'contact' can be as much as my partner would like. Surely the law is that as Next of Kin and Father, my partner would get custody and she can stipulate that the child can see her stepdad as much as she'd like (which of course we'd faciilitate anyway). What's the law?
Submitted: 1 year ago.
Category: Family Law
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Thank you for your question.
If the mother was to die and your husband being the child's father wanted to care for his daughter and he was being denied this - then he should make an application to the court urgently for a child arrangement order to confirm that his daughter lives with him.
Care falls to parents first. A Judge would make an order considering the best interests of the child - the court would not be bound by a will made by the mother. The court will also likely consider the wishes and feelings of his daughter also.
If your partner doesn't have parental responsibility for his daughter (not named on her birth certificate or married to the mother when the child was born) and the mother won't sign an agreement - then he should consider issuing an application at court for a parental responsibility order.
Kind Regards
Caroline
I would be grateful if you could kindly rate my answer. I am new to this service and positive feedback is gratefully received. We receive no credit for our work and no payment unless positive feedback is received.
Customer: replied 1 year ago.

He's on the birth certificate but they weren't married. She is married now though, to the stepdad. Assume care will fall to the biological parent named on the birth certificate?

Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Thank you for confirming that your partner has Parental Responsibility.
Yes - the assumption is that is the mother dies - the father will care. As explained above - if this is withheld - then an application should be made to the court and the court will decide what is in his daughters best interests. If he has good relationship with his daughter now and his daughter wants to stop with him then the court will likely side with your partner.
Kind Regards
Caroline
Positive feedback is gratefully received
Customer: replied 1 year ago.

I would like to have a conversation with you about this situation, in particular financial support and the definition of shared custody. How can I go about making sure I continue this conversation with you if I take up the free trial? (Or even get my partner to)

Expert:  ukfamilysolicitor replied 1 year ago.
Hello
I am quite new to this service. I understand that I would offer a telephone call as an additional service which you would need to accept.
Our offers appear in dollars - I'm not sure how the price appears to you.
I would offer a 30 minute telephone call for $40 (approx £20).
Please confirm if this is acceptable and I will send the offer.
I can be available at 6.30 pm this evening.
Kind Regards
Caroline
Customer: replied 1 year ago.

I can't do that time, it would need to be during the day. Are you in America?

Expert:  ukfamilysolicitor replied 1 year ago.
Hello
I'm in UK but Just Answer is an American company.
I could do 12.15 tomorrow?
Kind regards
Caroline
Customer: replied 1 year ago.

That would be great thanks. Please go ahead and confirm. Do you have an email address so I can prep you with a bit of background?

Expert:  ukfamilysolicitor replied 1 year ago.
Ok - great
I will try and send the offer now - hopefully this will let me put my email address on their as you can't post personal details on posts as they are public.
If you just accept the offer - hopefully it will then provide me with the number to call you on
Kind Regards
Caroline
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Just checking - offer doesn't appear to have been accepted? I think it needs to be accepted so I get your tell number.
Kind Regards

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