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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11423
Experience:  30 years as a practising solicitor.
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Hi, Could you please tell me if I have legally to pay maintenance

Resolved Question:

Hi, Could you please tell me if I have legally to pay maintenance to my child, born and living in Scotland, I am now living in England with my partner. My child`s d.o.b. is 03.02.04. His mother and I were never married. I am named on his birth certificate, but due to the law not being changed until 2006, I have no responsibility at all. I am classed as "extended family" I have always played a major role in his life and paid maintenance.
We have had major trauma over the past few weeks as his mother took an overdose with alcohol (for the third time), so I went and brought him to be with us in England. Her Eldest son tried to get her sectioned. Her daughter has walked out on her. My son said that he wanted to stay with us. We invited ALL of his family to visit, and said that we would pay for their hotel, travel etc. No one had the time. However for the past 3 weeks none of his family have coutntacted him, even though they have the address, and all phone numbers. This past week proved to be too much for my son, and he was somewhat naughty and rang his brother asking to be taken home. He obviously has missed his family.
On 2 previous visits I have asked her to sign giving me half responsibility for our son. But all she has said was that she would when he was back home with her. Then it went to her signing nothing. She is known to Social Services and Police in Edinburgh due to her past drinking habits and attempted suicides. Everyone is happy for my son to be here but she, along with her family have played mind games with him. Cruel to a 10yr old I think. However, I took him back to her on Friday 29.08.14. Of course, it`s all new, all excitement. I hadn`t been there for 10minutes and she asked me for money, as it was Friday and she had things to buy for him! We got him totally unexpected and had to buy clothes for him! She has been feeding him via food bank for over a year. I am struggling here. I would love to have my son with me and give him the life he deserves. To her, he is money......... Lots more to say, but is there any way that I can get around the maintenance as my son doesn`t see 1p of it. It goes on alcohol and cigarettes.......and I suppose debts.
Submitted: 3 years ago.
Category: Scots Law
Expert:  JGM replied 3 years ago.
Thank you for your question.
If your son is to stay with the mother you have a duty of maintenance however bizarre that might appear in the circumstances. What you should be doing here is applying to the Scottish court for a parental rights order and a residence order as it is apparent from your narrative that the best interests of your son are served by him staying with you.
Happy to discuss further.
I hope this helps. Please leave a positive response so that I am credited for my time.
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