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Clare, Solicitor
Category: Law
Satisfied Customers: 34907
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I need some advice son regarding custody of his sonwho

Customer Question

I need some advice for my son regarding custody of his sonwho will be 2 years old in May. There has been a problem with his partner for the last year. She is having cancelling and medication for undiagnosed Bipolar. She also is not suppose to drink alcohol because is causes her to become a very different person. 10 months ago she started work as a barmaid in a working mans club and some nights she doesn't return home until the next morning, she tells my son she has been at a friends house. She has no concerns for the distress she is causing my son but also her 9 year old daughter from a previous relationship. She will then spend the day sleeping because she is tired. This maybe a day when my son is at work or not. Last Tuesday she left for work a 4.45pm she was due to finish at 12.00 midnight and again she didn't return home. By 2.00pm in the afternoon my son was so worried he contacted the police. They took this very seriously and she became a vulnerable missing person. At 6.00pm that evening she telephoned and told my son she was in Croydon and needed some space. She then telephoned again a couple of hours later furious because he had telephoned the police her words is Was Over the Top. She again didn't return home that night and not once did she ask about the children. She retuned home the next morning at about 11.00am. My son left the home together with his son, she was more than happy for him to do this. He returned later that day. They talked over the weekend and everything seemed to be ok, she said she was going to leave the job which made both my son and her daughter very happy, then a few hours later she changed her mind and said she would not give up the job. My son has now left her. Monday evening she went to work and left both children All Night with one of her girlfriends whom I gather isn't of good character. Yesterday evening my son collected my grandson and he came here to spend some time with his dad and it was ranged for him to return 8.00pm but when he tried she was not at home and told him she wouldn't!!! be so they both returned here and spent the night. My son does not want his son to go back to her he wants to have full custody of him because he doesn't believe he will be properly looked after but needs to know what to do and can she come and just take him. Please Help Us
Submitted: 2 years ago.
Category: Law
Expert:  Clare replied 2 years ago.
HiThank you for your questionMy name is***** shall do my best to help you but I need some further information first.Is your son named on the Birth Certificate?
Customer: replied 2 years ago.
Customer: replied 2 years ago.
Expert:  Clare replied 2 years ago.
Both parents have parental responsibility for the child and the right to have the child in their care.There is no reason why your son should not take over the day to day care of the child since it is clear that the mother is not at present putting the needs of the child first.The concept of Custody was discarded many years ago - and the more recent concept of residence has also now been replaced.Instead the Court looks at Child Arrangement Orders setting out how much time a child spends with each parent.If your son takes over the care of the child and the mother tries to remove the child then your son will be able to apply to the court for an Order stating that child lives with him.I hope that this is of assistance - lease ask if you need further detailsClare