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Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2294
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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Can my partner adopt my children. Their father doesn't see

Resolved Question:

Can my partner adopt my children. Their father doesn't see them or speak to them and hasn't for about 6 months. Prior to that he has been extremely sporadic for 4 years since we splits up. I live with my partner of 4 years. The children love him and would want to be adopted by him.
Submitted: 12 months ago.
Category: Family Law
Expert:  Harris replied 12 months ago.
Hi, thank you for your question. Yes, your partner is able to pursue an application to adopt your child. He will need to inform the local authority and a social worker will assess the application and provide a report on your partner, the child and the father. This will be provided to the court and the court will assess if it is in your child's best interest for him to be adopted. Adoption is a major step as it will remove parental responsibility from the father and the court will only grant this if the evidence is very strong that it is in your son's best interests.If 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
Customer: replied 12 months ago.
Will they take into account that their father doesn't see them or pay for them? What if their father contests it which he will?
Expert:  Harris replied 12 months ago.
Yes. The social worker will take into account his involvement and outline this in their report. However, the court usually only agrees to removal of parental responsibility from a father in extreme circumstances.Just to make sure, is the father on the birth certificate of the children and how old are the children? Or were you married when the children were born?
Customer: replied 12 months ago.
Yes we were married when they were born he is also on the birth certificate we actually have 6, 2 are over 18 but the other 4 are 13, 10 and Twins of 8 he doesn't have any involvement at all
Expert:  Harris replied 12 months ago.
Thanks - the 18 year olds will not be considered, only the children under 16 will be. As you were married at the time of their birth then he does have parental responsibility and the information above will stand - namely that despite him having no involvement at all, adoption and removal of parental responsibility will happen only in extreme circumstances and if it is felt to be in the children's best interests.In terms of providing financial maintenance for them, you are entitled to submit an application for child maintenance to the CMS (http://www.cmoptions.org/) - they will deal with everything and they will assess the legal amount he has to pay based on his gross income.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
Expert:  Harris replied 12 months ago.
Hi, this question remains open. If you found my information provided helpful please could you rate my response positively as I will not be credited for my response without a positive rating.
Customer: replied 12 months ago.
So in your opinion what chance would We have in a year or so if he has gone and we don't know where he is? And He has no contact at all.
Expert:  Harris replied 12 months ago.
To be honest, you are likely to be in slightly the same position and the father will still be part of the proceedings and will have the opportunity to oppose the application. Another option you could consider is him applying for parental responsibility instead of adoption. This will give him similar parental rights as adoption and the biological father will not lose parental responsibility.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
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2294
Experience: Family Law - Specialist in Divorce, Financial Relief and Children Matters
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