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: 33804
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

I am a father of a child. However it is very complicated.

Resolved Question:

Hi,
I am a father of a child. However it is very complicated. My ex partner has left me and has gone back to her husband (she was still married when we were together). We were together for just over a year and she got pregnant with me. Now she has gone back to her husband and she says she will not put my name on the birth certificate. I am a father of a child, what can I do to be on the birth certificate?
Submitted: 1 year ago.
Category: Family Law
Expert:  Clare replied 1 year ago.
HiThank you for your questionMy name is ***** ***** I shall do my best to help you.Has the baby been born yet?Clare
Customer: replied 1 year ago.

Yes, It is one month

Expert:  Clare replied 1 year ago.
The law says that a child is entitled to contact with both biological parents and the courts will enforce this of necessary.You can apply for a Declaration of Parentage which will allow your name to be added to the birth certificate; and you can also apply for a Child Arrangement Order setting out the times you are able to see the baby.The mother will be able to apply for Child MaintenanceThe starting point is to try and discuss matters with the mother using Family mediation www.familymediationhelpline.co.ukPlease ask if you need further details
Customer: replied 1 year ago.

And it does it matter that she is married with someone else? If I am a biological father she will eventually have to add me one the birth certificate?

Also I have just read that on www.gov.co.uk:

"The mother can choose to register the birth on her own if she isn’t married to the child’s father. The father’s details won’t be included on the birth certificate.

It might be possible to add the father’s details at a later date by completing an application for the re-registration of a child’s birth."

Does it not mean that if she does not want she does not need to include me on the certificate?

Expert:  Clare replied 1 year ago.
Within the Court Application a DNA test will be ordered - if that confirms that you are the biological father then your name will be added to the Registration
Customer: replied 1 year ago.

What about the surname? She does not want our child to have my surname, but her husband's (hers as well because they are married) Is there a way so that the child has my surname?

Expert:  Clare replied 1 year ago.
I am afraid that there is no basis on which you can insist that he child has your surname
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33804
Experience: I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
Clare and other Family Law Specialists are ready to help you

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
< Previous | 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:

    160
    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/CL/clairep80/2013-8-25_191218_dreamstimexs267279822nd.64x64.jpg Clare's Avatar

    Clare

    Family Solicitor

    Satisfied Customers:

    4598
    I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
  • http://ww2.justanswer.com/uploads/HH/hhlaw/2015-12-8_22495_unnamedlanczosbicubic.64x64.jpg Harris's Avatar

    Harris

    Family Law Expert

    Satisfied Customers:

    1064
    Family Law - Specialist in Divorce, Financial Relief and Children Matters