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Clare, Solicitor
Category: Law
Satisfied Customers: 34902
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My daughter has a 11week old baby and living at home with us,

Customer Question

My daughter has a 11week old baby and living at home with us, she is 21yrs and has not put the father on the birth certificate as he hasn't been with me since she was 6weeks pregnant she let him come to some appointments and have let him see his daughter for 2hrs at ours a week, he has never given money or bought her anything, and now wants to go to court to get parental right and go on the certificate, can he take her baby away she is worried
Submitted: 3 years ago.
Category: Law
Expert:  Kasare replied 3 years ago.
Hi thanks for your question, I will assist you with this.
The application that is being made will not result in the father taking the baby from the mother. The Courts would not consider such an application unless the child was in danger.
As he is not on the child's birth certificate, unless your daughter agrees to him having parental responsibility (PR) he can apply to the Court.
She should consider and be aware that:
1. It is likely that the Court will agree to the father being given parental responsibility unless he has behaved extremely badly towards mother or the child, has no relationship with the child, is really only making the application as a way of maintaining contact or control of the mother etc;
2. An application to the Courts by the father is rarely refused simply because he has not paid maintenance.
The term "responsibility" in this instance is not viewed by the Courts in the standard meaning of the word – the fact that a father is immature or not reliable or that he cheated on the mother or the relationship is ended as a result of his actions (save for violent conduct etc) will not be seen by the court as "irresponsible". A PR Order is the way the Courts recognise the father’s legal status in the child’s life rather than a statement that he is a "responsible" father.
She should discuss this matter with him and if, for example, he accepts that the baby should live with the mother because she is a good mother, then she can ask that the court makes an order stating this, and recording that the father consents to this residence. This would obviously help her realise that he is not trying to take the baby away from her or criticising her in some way. They could then record this agreement - I would recommend she get legal assistance to prepare this.
I hope this assists in allaying any concerns she may have.
If you have any further questions, please ask.
Expert:  Clare replied 3 years ago.
Thank you for your question.
My name is ***** ***** there is some information I woudl like to add to the above
The father can make two separate types of Court application.
He can apply for a Declaration of Parentage
This will allow his name to be added to the birth certificate but will NOT give him Parental Responsibility.
he can separately make an application for Parental Responsibility for the child - which will give him the same rights he would have had if his name had been on the birth certificate - the right to be consulted on all major issues in the child's life such as medical and educational issues.
It does not mean that he can simply take the baby away - and should he do so then your daughter could apply for a Child Arrangement Order stating that the child lives with her
Since he has shown an interest in and commitment to the child it is likely that he would be granted PR.
This being the case it would be sensible for your daughter to either agree to re-register the birth and name the father - or to sign a Parental Responsibility Agreement
These should be discussed with her ex using Family mediation
so that they can agree a Parenting Plan.
Your daughter can find out more on the site here