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Clare, Solicitor
Category: Law
Satisfied Customers: 35076
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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As the father of a child (now twelve) whose mother, my ex

Customer Question

As the father of a child (now twelve) whose mother, my ex partner, has recently died, I had assumed that his welfare is now down to me, ( I am the father on the boy's birth certificate). He has an adult half brother who is trying to take custody on the grounds that he lives in the town where my son has lived and schooled for the last 4/5 years being taken there when my partner left me.
I have a home 40 miles away with enough room to accommodate my son although he will have to move schools ( a prospect he hates).
My own health is poor having recently had surgery to remove part of my bowel and leave me with a bag and so don't feel 120% up for a fight to keep my son, but I love him and want him with me.
My questions are:
1. Does an elder half-brother have any rights to obtain custody of my son over me?
2. Who do I contact that can sort this situation out for me?
I live in Cambridgeshire
Submitted: 1 year ago.
Category: Law
Expert:  Clare replied 1 year ago.

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further information first

What contact have you had with your son over the last year?

Where doe she wish to live?

How old is his brother?

Customer: replied 1 year ago.
The half brother is 22 and he has had intermittent contact with his half brother ( note - not sister!) since his mother moved them away when she and I separated
My son has stayed with me every weekend since she soon after she left and half of his school holidays. My relationship with his mother over the boy has been, recently, good .
Clearly, he would like to stay in his mother's town and go to his same school among his friends, but this commute is not possible for me both because of my health problem or on cost. I am not currently working because of my condition.
I would propose he moved to a school a bus ride away from me in the same town as is Grandparents and a couple of hundred yards from my sister (his aunt).
Does this half brother really have any say in the destiny of MY son?
Expert:  Clare replied 1 year ago.

Has the brother actually issued proceedings?

Customer: replied 1 year ago.
As far as I know he has not. I contacted you because almost all the 'heresay' law available refers to couples - the child's father and mother: nothing about any half brother's rights if he has any. Does your answer imply that there can be circumstances when an adult half brother could make a claim to take his brother from his father?
I am sorry. I thought that there might have been a simple answer, but if it isn't then I had better wait and see if and take specific advice.
Expert:  Clare replied 1 year ago.

At present you are the only person with Parental Responsibility and the only person entitled to have the child in your care.

However it is open to the brother to ask the Court for permission to apply for an Order allowing the child to live with him.

Given the close relationship between you and your son it is unlikely that his brother would be successful given his age and lack of close relationship - even if your son

said he wished to live with him.

I hope that this is of assistance - please ask if you need further details

Customer: replied 1 year ago.
Thank you Clare. This gives me the confidence should I need to proceed
Expert:  Clare replied 1 year ago.

I hope all goes well for you