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Thomas Judge
Thomas Judge, Family Lawyer
Category: Family Law
Satisfied Customers: 34305
Experience:  Over twenty-five years experience
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My ex partner who I have a five year old girl with is

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My ex partner who I have a five year old girl with is unfortunately dying with cancer. Her mother is wanting full custody of my daughter but I want to have her live with me. Does she have any rights whatsoever.

Where is the child living at the moment? What time do you and the grandmother spend with the child

Customer: replied 7 months ago.
The child is living with the mother at the grandmothers house now that she is poorly. Prior to that Mum and my daughter lived on their own. My daughter used to come to sleep at ours every weekend until about three weeks ago when Mum stopped her coming

I would be minded if I was you to apply to the court for a child arrangement order to set out the time you spend with the child and sadly the arrangements when your ex dies. Both you and the mother have parental responsibility. The grandmother does not. This does not prevent her from making a claim and hence why you need to get your contact back up and running immediately. I have attached a link to a fantastic book on all of this but I would certainly make an application to the court (form c100) immediately for contact. Link - https://www.amazon.co.uk/d/Books/How-Represent-Yourself-Family-Court-understanding-resolving/147211910X Please also rate positive.

Customer: replied 7 months ago.
They are going to make it very difficult for me to see her especially now. Grandmother has already sought legal advice and will do everything she can to prevent me from having my daughter. Unfortunately we can’t trust anything they say or do and we are worried they will try and set us up.

Then as stated above you need to make the application. You have much greater rights than she does. But you need to act now. Please rate positive.

Also the book will help.

Hello, I see you have read my response to your query. Could you please let me know if it has answered your original question? You can select 3, 4 or 5 stars on this page. I can still answer follow up questions if needed to clarify anything for you. Many thanks

Do you have any further questions? If not can you please rate

Customer: replied 7 months ago.
Do I still have all the rights to full custody of my daughter . She was born after 2003 and also I have my full name on the birth certificate.

Then yes you do. You have PR. Thats key.

Customer: replied 7 months ago.
Nothing at all can go against me ?

You have PR - the GM can make a claim that she is the best person for the child to live with hence why you need to make the application sooner than later. The court looks to the welfare of the child. The book will also help you.

Could you please let me know if it has answered your original question? You can select 3, 4 or 5 stars on this page. I can still answer follow up questions if needed to clarify anything for you. Many thanks

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