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ukfamilysolicitor
ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 730
Experience:  Divorce, Finances, Children, Domestic Violence, Care Proceedings
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If I do not have parental resposibility stepdaughter,

Customer Question

If I do not have parental resposibility for my stepdaughter, but my husband does, and she does not want to live with her mother and mother is not keen to have her either, but my husband has to go away for work for 6-8 months, what are my legal rights regarding not having parental responsibility?
Submitted: 10 months ago.
Category: Family Law
Expert:  ukfamilysolicitor replied 10 months ago.
Hello
Welcome to Just Answer
I am a Solicitor and will assist you.
Please may I ask:
- how old is your step daughter?
- how long has she been living with you?
- do you think the mother will agree that you should share parental responsibility?
Kind regards
Caroline
Customer: replied 10 months ago.
She is 14 and has been living with us since December 13. She and her mother are not talking at the moment we are trying to rebuild their relationship. She might agree but my stepdaughter is refusing to have any contact with her. Can we force custody seeing I di not have parental responsibility?
Customer: replied 10 months ago.
Thanx
Expert:  ukfamilysolicitor replied 10 months ago.
Hello
Thank you for confirming that for me.
I do agree that you need parental responsibility for your step daughter.
With your husband being away for such long periods of time and you providing everyday care it is essential that you have parental responsibility. If say for example, there was a medical emergency and the mother could not be contacted then this could cause issues in respect of important decisions being made.
If the mother will agree you sharing parental responsibility then this is the form you need:
http://hmctsformfinder.justice.gov.uk/HMCTS/GetForm.do?court_forms_id=1098
Your step daughter doesn't need to speak to her mother for this to be completed. You, your husband and the mother would need to take this form to your local family court to sign it and have it witnessed.
If the mother won't agree then I suggest that you apply to court for a Child arrangements Order. The making of such an order will confer parental responsibility on you.
You need to refer the matter to family mediation - although I suspect that the mediator will agree that you need a court order and that will sign the form you need for court without mediation having to proceed.
Just google family mediation in your area and give them a call to get the ball rolling.
In respect of an application to court you need: Form C100 and Form C2 - available from HMCTS website.
Court fee is £215
Send application to Local Family Court to you.
Please do not hesitate to ask if I can clarify anything for you.
Kind Regards
Caroline
Please kindly remember to rate positively so that we receive credit for our work (by choosing a smiley face)
Customer: replied 10 months ago.
I do not want parental responsibility, she is very difficult and we have had a lot of trouble with her. We also have a 5 year old son who has to witness her bad behaviour and her mother has her partner and his son who is 16 living with her and the trouble will be easier handled there. Her mother however lives in another town an hour and half's drive away. She lies all the time and will never do as I ask her.
Expert:  ukfamilysolicitor replied 10 months ago.
Hello
Thank you for your response.
Can you just clarify for me - are you asking - if your husband was away and your step daughter was being difficult - if you could just drop her off at her mothers for her to live with her?
Kind Regards
Caroline
Customer: replied 10 months ago.
How can she just give up her parental responsibility for her child. She does not even pay us any maintenance, she only pays for my SD's luch money. We have been dealing with social workers for the last year and nothing is making any difference. My SD seems unwilling to be helped and to make the situation better. She does not follow any of our rules and when they are reinforced she becomes aggressive. Is there a legal way for us to be able to get her back with her mother? My 5 year old has to live with this too.
Customer: replied 10 months ago.
No I want to know if my Husband is needing to go away if we could get her to go and live with her mother for the forseeable future.
Expert:  ukfamilysolicitor replied 10 months ago.
Hi
Can you tell me the current role of SS?
Does your husband also want your SD to go back to her mothers?
Kind Regards
Caroline

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