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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11684
Experience:  30 years as a practising solicitor.
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My Daughter died, a few days after giving birth to her son,

Resolved Question:

My Daughter died, a few days after giving birth to her son, she was not married to the father, he is now asking for a DNA test to establish parental rights.
he has instructed a lawyer to get this done, further to this he has asked for rights regarding visits / contact.
we have in place a contact plan, he gets his son for 6 hours on a Monday, plus he gets to visit at our house when ever he wants, providing it suits our own plans.
I have told his lawyer that we have no objection to a DNA test, but given his intent to go down a formal legal route, I have advised his lawyer that until a legal plan is in place, we wish to stop contact.
Scottish law, are we right, what should our next step be?
Submitted: 3 years ago.
Category: Scots Law
Expert:  JGM replied 3 years ago.
Thank you for your question.

I am sorry for your loss.

Have you applied to the court for parental rights yet?
Customer: replied 3 years ago.

No we were told that under scottish law, the rights of our daughter pass to us.

Expert:  JGM replied 3 years ago.
No, that is not correct unless your daughter left a written instruction to that effect. If she did not then the first thing you should be doing is applying to the court for a parental responsibilities order. If you don't do that and the father applies for and gets such an order then he will be the only one with parental responsibilities and will be able to do as he wishes as regards XXXXX XXXXX

You must do something about this immediately. I take it it wasn't a lawyer that told you that you automatically get your daughters parental rights?

See online section 7 of the Children (Scotland) Act 1995.

Happy to discuss further.

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