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Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2848
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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What are the chances of a father obtaining parental rights

Resolved Question:

What are the chances of a father obtaining parental rights due to mother's adultery and indecent behaviour?
Submitted: 1 year ago.
Category: Family Law
Expert:  Harris replied 1 year ago.
Hi, thanks for your question. If the indecent behaviour is ongoing and raises child protection concerns then the father would have good prospects of child being placed in his care. Is the father on the birth certificate of the child?
Customer: replied 1 year ago.
Thank you for your answer!
Yes the father is on the birth certificate.
How about if the adultery and indicent behaviour have been performed few months back and it has been discovered just recently without proof of them being ongoing?
Expert:  Harris replied 1 year ago.
As the father is on the birth certificate he will have parental responsibility and therefore a right to be consulted and involved with major decisions in relation to the child's upbringing. Adultery in itself is not a deciding factor to shift arrangements and the court looks at what is in the child's best interests and taking into account the following criteria:1.The wishes and feelings of the child concerned2. The child’s physical, emotional and educational needs3. The likely effect on the child if circumstances changed as a result of the courts decision4. The child’s age, sex, backgrounds and any other characteristics which will be relevant to the court’s decision5. Any harm the child has suffered or may be at risk of suffering6. Capability of the child’s parents (or any other person the courts find relevant) at meeting the child’s needs7. The powers available to the court in the given proceedingsIf you have any further questions regarding this please let me know. In the meantime if you found this information helpful please provide a positive rating. I will not be credited for answering your question without a positive rating. Thank you
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