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Ask Clare Your Own Question

Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33281
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 partner (as I wasn't married) passed away in December 2007.

Customer Question

My partner (as I wasn't married) passed away in December 2007. Our son is now 11yrs old and I will be getting married in a couple of weeks time. My husband to be and myself would like to ensure that my son is looked after as if my husband to be was his paternal father, ie when we get married will my husband have parental responsibility or is this something that we would need to apply to the court for or is it automatic?
Also would it be advisable for him to adopt my son as I want to ensure he is looked after should anything happen to me.
Most grateful for your advise.
Kind regards,
Cathy
Submitted: 1 year ago.
Category: Family Law
Expert:  Clare replied 1 year ago.
HiThank you for your question and congratulations on your impending marriage!My name is***** shall d est to help you but I need some further information firstDoes your son still have contact with his paternal family?
Expert:  Harris replied 1 year ago.
Dear Cathy,
I am sorry to hear about your ex-partner's passing. On the information you have provided, your fiancé would be entitled to make an application to Court for parental responsibility.
Expert:  Clare replied 1 year ago.
HiIn fact it will be easier to wait until after the wedding at which point you will be able to sign a Step Parental Responsibility Agreement which will give your husband Parental Responsibility for the childThe form is herehttp://hmctsformfinder.justice.gov.uk/courtfinder/forms/c(pra002)-eng.pdfHowever adoption MIGHT be a way forward - depending on what contact the child has with the paternal family - hence my questionPlease ask if you need further detailsClare
Customer: replied 1 year ago.
Hi Clare,
Many thanks for your response, could I just check with you that if my husband gets parental responsibility will be still have the authority over others to look after my son should something happen to me as I really want security for him.
Or, would it be advisable for him to adopt my son?
Many thanks for our advise on this.
Expert:  Clare replied 1 year ago.
The Step Parental Responsibility Agreement will be sufficient to achieve that security - and is quick and easy to do!Adoption would be a way of making the child your husband's legally BUT it would end the legal relationship with his paternal family and would be a very serious step

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