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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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My daughters partner they are not married, of 25 yrs has

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My daughters partner they are not married, of 25 yrs has been having an affair and is intent on leaving my daughter,they have a 11yr old boy and he is threatening to get sole custody .can he do this he has taken the fathers name appreciate advice thank you

Hi, thank you for your question. Just a bit more information required to fully assist you:

-Is the father named on the birth certificate?

-Is your daughter able to solely care for him, or able to proposed shared care arrangements?

-Whose property are they currently living in and what are the proposed arrangements once they separate?

Hi, this question remains open. Please could you provide the requested information so that I can assist you.

Hi, I cannot take a phone call at the moment, but if you are able to provide the information requested I can continue to assist you.

Customer: replied 1 year ago.
father on birth certificate yes able to care for son,sharing care an option,they both contribute towards the mortgage ,he is refusing to move out said he cant afford the mortgage if he finds alternative accomadation and wants to sell up

Is the property in joint names? Do they both work, if so what are their salaries and are they both full time?

Customer: replied 1 year ago.
both on deeds both working daughter 4days dont know salaries im just a concerned parent and daughter is the injured party

Thanks for confirming. The difficulty she has is that as they are both on the title of the property they are both legally entitled to occupy the property and he can only be removed by agreement or if there is an injunction preventing him from living there, for example if there is domestic violence.

As they are living together, he cannot apply for "sole custody". For your information if either of them were to proceed to court it would be for a child arrangement order (for residence). A court will only make an order if it is in the child's best interests and if there is no benefit to the child if an order is in place, then a court will not make one.

Given that it is likely difficult for them to both live under the same roof due to his infidelity, then she should seriously consider her options which will include:

-Selling the property, dividing the equity between them and then rehousing herself and daughter or applying to court for her an child to remain in the property until the child reaches a certain age (eg. until end of education). This second option may prove difficult depending on their full finances.

In the circumstances I would suggest that you make a referral to an independent mediator (you can find local ones here: The mediator will assist you both in reaching an amicable agreement that is in the child's best interests.

If you have any further questions regarding this please let me know. In the meantime 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 answering your question without a positive rating. Thank you

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