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Ask Clare Your Own Question
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34885
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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my partner recently passed away we have a four year old son

Customer Question

my partner recently passed away we have a four year old son but my name was not on birth certificate I know I have to go to court to get my name on the certificate but there may be implications if I do that. I have worked all my life but my partner was claiming benefits the mortgage was in her name but with no life cover when she became ill I stopped working to care for her and look after our son when she passed away her parents paid off the mortgage and I think they have set up a trust for our son and my partners daughter from a previous relationship with the property have I any rights regarding the trust
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
Who has the care of the child at the moment?
What is your concern about acknowledging the child as yours?
Customer: replied 3 years ago.

I am caring for the child, my partners parents are saying because she was claiming as a single parent with me giving up work and know having to apply for benefits myself if my name was on birth certificate this could have implications regarding the property they want me to say I am his guardian and not the father which I don't want to do iam confused about what to do

Expert:  Clare replied 3 years ago.

Hi There are no implications which would arise from your name being added to the Birth Certificate other that that you will have Parental Responsibility for the Child You will have no claim on the Trust You have two court options. You can simply apply to the Court for an Order stating that the child lives with you - or you can also apply for a Declaration Of Parentage so that your name can indeed be added to the Birth Certificate The form you need for the Order is here Please ask if you need further details Clare