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Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2851
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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In event of a divorce where a child of the couple stays with

Resolved Question:

In event of a divorce where a child of the couple stays with mother with good access by father and his family .
The mother re- marries after divorce knowing she has a life threatening illness and subsequently dies .
What is the legal position with respect to custody of the child where the new husband has no blood relationship to her and the father has continued with access and support ?
Submitted: 1 year ago.
Category: Family Law
Expert:  Harris replied 1 year ago.

Hi, thank you for your question. Are you in England or Wales and how old is the child?

Customer: replied 1 year ago.
Age 7
Expert:  Harris replied 1 year ago.

Thanks for confirming. The new husband himself has no rights to the child, however, as this is a significant adult and partner in the mother's relationship he will no doubt have contact and a relationship with him and this can only be reasonably restricted if there are welfare or child protection concerns. If it is just the husband that seeks relationship he will need to demonstrate that there is a significant relationship with the child to obtain permission to purse an application for a child arrangement order.

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