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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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How do i get legal responsibility for a child that is not

Resolved Question:

how do i get legal responsibility for a child that is not mine and i am no longer with the mother? the child is almost 10, and i have raised him along with his mother for the last 9 years even though we havent been in a relationship for 8 years now. the biological father hasnt been in the picture since the child was 4 months old.
Submitted: 6 months ago.
Category: Family Law
Expert:  Harris replied 6 months ago.

Hi, thank you for your question. Please confirm:

-Are you all in England or Wales?

-What the arrangements for the child have been for you to date?

Customer: replied 6 months ago.
I am in England.All arrangements are agreed between me and the mother. I am in the military so work away during the week. return home most weekends where i pick him up on the friday and stay at my brothers until the sunday with him.I also pay his mother £180 monthly.The child calls me dad and has done since he could speak. He also knows im not his biological dad, not sure if this makes a difference.
Expert:  Harris replied 6 months ago.

Thank you. You will need to apply for a Child Arrangement Order for the child to live with you and this order will also automatically grant you parental responsibility for the child. Both parents will have to be part of the proceedings.

In the circumstances you would need to initially make a referral to an independent mediator (you can find local ones here: familymediationcouncil.org.uk). The mediator will assist you both in reaching an amicable agreement that is in the child's best interests which can then be submitted to court for a formal order. If mediation does not help, then you will be able to pursue an application to court under Form C100 together with a £215 court fee to the main carer's local family court for a child arrangement order and the court can make a decision regarding the matter. For your information the Court will take into consideration the following when making a decision regarding the application:

1. The wishes and feelings of the child concerned
2. The child’s physical, emotional and educational needs
3. The likely effect on the child if circumstances changed as a result of the courts decision
4. The child’s age, sex, backgrounds and any other characteristics which will be relevant to the court’s decision
5. Any harm the child has suffered or may be at risk of suffering
6. Capability of the child’s parents (or any other person the courts find relevant) at meeting the child’s needs
7. The powers available to the court in the given proceedings

I hope this assists you. If you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for your question without a positive rating. Thank you

Customer: replied 6 months ago.
I am not after the child living with me, just me getting parental responsibility.Also the father is not in the picture at all. We don't have contact with him or know where he is. Is there a way to do it with just the mother?
Expert:  Harris replied 6 months ago.

This would still be the process to obtain parental responsibility as a non-biological father.

Expert:  Harris replied 6 months ago.

Hi, this question remains open. If you found my information provided helpful please could you rate my response positively using the stars at the top of this page as I will not be credited for my response without a positive rating. You will not be charged for providing a rating.

Customer: replied 5 months ago.
appolagise for not replying, i have been away.is this the only way to gain parental responsibility? how difficult would it be to legally adopt the child?
Expert:  Harris replied 5 months ago.

As a non-biological father, it is either this process or to adopt the child.

I hope this assists you. If you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for your question without a positive rating. Thank you

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