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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11148
Experience:  30 years as a practising solicitor.
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My 23 year old daughter had a boy with her first boyfriend,

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My 23 year old daughter had a boy with her first boyfriend, they lived together for a few months but broke up, daughter and grandson, now almost 5, live with my ex, daughters mother. The little boy's father has not had great contact, he was briefly jailed over a rape allegation, daughter resides in Shetland, not sure of ex's abode, he doesn't pay maintenance, no birthday or Xmas presents either. He is now back (for a visit I hope) in Shetland and demanding to see the boy! His mother is also heading to Shetland, no doubt looking for contact also. My daughter is in a relationship for over a year, this man gets on well with grandson (don't think the father likes this) there appears to be harassment by calls and texts to my daughter. The fathers name is ***** ***** birth certificate so I appreciate that gives him some rights, but are they automatic when he doesn't maintain his son?
Submitted: 1 year ago.
Category: Scots Law
Expert:  JGM replied 1 year ago.
Thank you for your question.
The issue of parental rights and maintenance are separate so the basic answer to your question is, yes, the father has automatic parental rights even if he doesn't pay maintenance. Your daughter should go through the child maintenance authority as far as that is concerned.
However, if your daughter doesn't consider that it is in her son's best interests that the father exercises contact, and given the history that you narrate, I have some sympathy with that view, she can refuse contact and let him go to court if he seeks to do so. The court would then make such an order as it thought necessary in the best interests of the child.
So he can't just turn up on her doorstep and demand to see the child if that is going to be upsetting for the child or adversely affect his lifestyle and routine.
I hope this helps. Please leave a positive response so that I am credited for my time.
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