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SolicitorRM
SolicitorRM, Solicitor
Category: Law
Satisfied Customers: 4321
Experience:  Director and Principal Solicitor. UK
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I'm looking to give my partner 50/50 parental rights over my

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Hi there, I'm looking to give my partner 50/50 parental rights over my son. The issues I am having is that he is not my sons biological father, were not married or living together (although he spends the majority of his time at mine and my sons home address) - I'm wondering how we go about this? I am the only person with rights over my son

Good morning, thank you for contacting Justanswer. I am a solicitor in England and Wales and happy to guide you. that he is not the biological father is not a problem. the question is does he already have parental responsibility for your son? If he is on your son's birth certificate even though not biological father he will have parental responsibility. If he does not have it already then he ought to apply to the court for parental responsibility using Form C100 and you can provide your witness statement to support the application. The court will want to know what is happening with the biological father if he is on the birth certificate because they are very reluctant to take a parent's parental responsibility away. If he is not on the birth certificate then you will be fine to go ahead and let your partner apply to get a formal court order granting him parental responsibility. If I can clarify anything please do not hesitate to send me your follow up question. All the best.

Customer: replied 9 days ago.
No, he does not have parental responsibility already, he isn't my sons biological father. I am the only person with parental responsibility as his biological father is not around and hasnt been for the past four years of his life. Ive looked at form C100, and its a child arrangements order. How does this work?
Customer: replied 9 days ago.
Ive began doing an online application, and its asking if I want to do a consent order or a child arrangements order. What one do i need?

Hi, thank you for clarifying on the position of the biological father. In that case your partner will not need to make the formal application to court, he and you will need to complete for C(PRA1) instead and you can download this here: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/867257/c_pra1_-eng.pdf

You will take this to your local authority where they will witness it and then you file it with the Court for the parental responsibility order.

Should the biological father somehow surface and does not agree to this parental responsibility agreement you will then have to apply on c100.

All the best

Customer: replied 9 days ago.
Hiya, looking at the form its states 'father' - Is this where i put my partners name. Although he isnt my son's biological father? Will I need to add further details to explain that he isnt my sons biological father?

Yes it is your partner's as he is the step parent. You should do a witness statement and he needs to do one to support your application and showing how he is the step-parent and your desire to share responsibility with him.

Customer: replied 9 days ago.
Were not married, so is he still classed as a step-father?

Step- parent yes.

Customer: replied 9 days ago.
Okay. Would i have to write a declaration of some sort?

A witness statement would do and make sure you end it with a statement of truth which you can copy from Civil Procedure Rule 22.

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