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Mina Counsel
Mina Counsel, Barrister
Category: Law
Satisfied Customers: 591
Experience:  Barrister
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I have been in UK for 8 years and have a 3 years old

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Good morning. My name is***** have been in UK for 8 years and have a 3 years old daughter, she is Spanish, same as me and the father. We are not married and my ex partner decided to finish our relationship 3 months ago. We still live in the same rented house because the letting agreement finish on February. He wants to share the custody. But I have always been the main carer for my daughter. His salary is double than mine and I will probably struggle living on my own and paying for the childcare we need. I am a nurse and he is an engineer. He doesn't want me to go back to Spain where I will have the family support. I need to know if he has the right to do that and if he is suppose to pay any money for his daughter if we share the custody. Hope you can help me.
Kind regards.
Amparo Ranea

Hello, my name is ***** ***** I am a practising barrister with over 15 years experience. I am happy to assist you today. I may need to ask you some questions in order to determine your legal position and I will provide you with an email advice on the same day.

There will be an automatic generated phone call offer should you wish to speak to me directly for a fixed fee with no time limit.

(Please note this is NOT always an instant chat service therefore I may not be able to reply immediately. Rest assured that I am dealing with your query and will get back to you the same day. / within 24 hours if it's outside office hours.)

If the father's name is ***** ***** birth certificate, you both have equal parental rights over your daughter. The main carer will also receive child maintenance every month from the other parent. You will need to contact Child Maintenance Service and make an application with them. This is their phone number

Telephone: 0800(###) ###-####/p>

For custody, if you can't come to an agreement, you will need to make an application for a child arrangement order C100. Please see the attached form.

Customer: replied 5 days ago.
But the main career carer receive the child maintenance if she spends more of the time with the child? Or even if we share the custody 50%?

If you share day to day care and have the child 50% overnight, then neither one of you would receive child maintenance.

Mina Counsel and 3 other Law Specialists are ready to help you
Customer: replied 5 days ago.
Being the 3 of us of us spanish and having the father's and my family support in Spain. If I think I will be better in Spain than here. Because here I will be working to pay for the childcare and always short of money. But that wont be his case. If I decide to go back to Spain and he doesn't agree for me to take Elisa with me. Has he has the right to stop me. If he has that right because we are both residents in UK right now. Will that be different if I go back to Spain before and register myself as a resident there? Is thay legal?. I don't feel fare to be obliged to live here if I could be better with my family.
Thank you.