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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34267
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 son(31) is father to a 3 year old boy, but he is not with

Resolved Question:

My son(31) is father to a 3 year old boy , but he is not with Mother( Mothers father was anti the relationship). They were introduced by best friend X ). Mother is know living with my sons X best friend (,who is in divorce proceedings, from wife). Sons name is ***** ***** boys birth certificate ,as mothers father thought my son would run away from responsibility. Not the case . Son pays half of the nursery bill every month. No problem with Mother ,but X best friend is very trying and starting to call the shots, if I don't go with my son when picking up son/grand son , X will try to pick argument,/ fight with my son. X has hit son before, when picking up son, from the house. ( X, Nasty piece of work, thinks he has done nothing wrong ,) Access is not denied to son/grandson ,in fact is very good and very amicable ,but what would your recommendation be,can we do anything to stop X thinking he's grandson's father ? do we seek advice, to safe guard my sons access ,,how does he get his name on the birth certificate and what can be done about X . complicated ,but need to help son over come fears of what is happening.
Submitted: 1 year ago.
Category: Family Law
Expert:  Clare replied 1 year ago.

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further information first

Has your son asked the mother if she will add him to the birth certificate?

Customer: replied 1 year ago.
but Mother wasn't happy as son wouldn't be friends with x .
Expert:  Clare replied 1 year ago.

When did he last ask?

Customer: replied 1 year ago.
Son has slight learning difficulties ( Dsypraxia) and finds the whole situation hard to accept. As X got them together and then when Father split , son and Mother up. X was in faster than a rat up a drain pipe .
Customer: replied 1 year ago.
Son asked about 3 months ago.
Expert:  Clare replied 1 year ago.

Your son can make an application to the Court for a Declaration of Parentage which will allow him to have his name added to the Birth Certificate

It would however be sensible to try and discuss matters with the mother first using Family mediation - indeed it is required before a court applictaion is made

The form you need is here

http://s3-eu-west-1.amazonaws.com/hmctsformfinder/c63-eng.pdf

I hope that this is of assistance - please ask if you need further details

Customer: replied 1 year ago.
Thank you , would you recommend we seek more advice ?
Expert:  Clare replied 1 year ago.

NO need at this stage - instead approach a local family mediator

www.familymediationcouncil.org.uk

Clare and 2 other Family Law Specialists are ready to help you
Customer: replied 1 year ago.
Thank you very much Clare - your help has been very much appreciated . I shall try the mediation service first.
Expert:  Clare replied 1 year ago.

You are most welcome - I hope all goes well