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Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2784
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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My grandson is in the hands of his mothers parents.....he was

Customer Question

My grandson is in the hands of his mothers parents.....he was registered at birth in his fathers name..6years ago his mother died my son and his sons mother never married but she still reg istered his name in my sons surname.he is now 16 very quiet shy boy who also has problems with his hearing....wears deaf aids....
My son had a letter to say his son has changed his name by deed poll .by his other grandparents
My grandson was registered in the name of Harding at birth...his mothers name was wilson....he is now known Harding Wilson ..My son has always paid maintenance to his son...is this fair to my son ....who was never asked in the first place what he thought about it.....only to be told it had been done by the boys wishes....My son feels he didnt know what he was doing at 16....but pushed into it
Submitted: 1 year ago.
Category: Family Law
Expert:  Harris replied 1 year ago.
Hi, thank you for your question. As your grandson is 16 years old, he is able to change his name without the need for anyones consent. Furthermore, the father would not have had parental responsibility unless there was a parental responsibility agreement or parental responsibility order, despite being named on the birth certificate. This is because the law only gave unmarried fathers parental responsibility when named on a birth certificate if the child was born from 1 December 2003 and if your grandson is 16 now then he would have been born before then.In relation to child maintenance, this is payable even if the father did not have parental responsibility, and unfortunately child maintenance payments do not give rise to any parental rights.I appreciate that this may not be the answer you would have hoped for but 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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Customer: replied 1 year ago.
My son is appalled by this descision and so are we....he is my sons only son he feels robbed that if his son goes onto marry in the future he will have no grandchildren in his name...he has always seen his son....what about other grandparents rights.. ours?my son had to fight to get to see his son from her parents ....my son is a good father ...and now he is devastated!!
Expert:  Harris replied 1 year ago.
I am sorry to hear that, but it is likely that the other grandparents had obtained a residence order for the child to be placed in their care after the mother's death. Grandparents do not have any automatic rights regarding their grandchildren and can only obtain formal rights in a court order. The child is now 16 and a court will no longer deal with applications regarding him due to his age.
Customer: replied 1 year ago.
Sjould my son now pay into the grandmothers account ..for maintenance or his sons personal account for him personally
Expert:  Harris replied 1 year ago.
-Is he now studying A-Levels or on a government approved training course?-Is there a formal application with the child maintenance agency?
Customer: replied 1 year ago.
He is still at school...GSEs coming up....but if he is old enough to change his name...should he not have money his self ...my son is not certain now what he should do.....CSA have now changed to another name ....
Expert:  Harris replied 1 year ago.
CSA are now the CMS, but if there was a CSA calculation in the past then there is a formal application in place.The rules for child maintenance are different to change of name and child arrangements - this is because whilst studying, he will be financially dependant on his carers/guardians and therefore the maintenance must be paid directly to them.
Customer: replied 1 year ago.
So if he has changed his name to theirs what is the answer ....what is the difference ?
Expert:  Harris replied 1 year ago.
Unfortunately, it makes no difference to his father's legal obligation to financially provide for him through child maintenance
Customer: replied 1 year ago.
So what age does it stop...18?
Expert:  Harris replied 1 year ago.
Statutory child maintenance ends if he does not study a-levels or if he does not start a government approved training course after GCSEs.