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SASH_Law, Lawyer
Category: Law
Satisfied Customers: 4311
Experience:  LLB (Hons)
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My partner and I separating and we have a hold together but

Customer Question

hello my partner and I separating and we have a hold together but he is not on his birth certificate. Where do I stand legally
JA: What steps have you taken? Have you filed any papers in family court?
Customer: We are not married
JA: Family Court normally sits in a local County and Magistrates' Court. Do you know the location of the court? If not, what county do you live in?
Customer: Maidstone kent
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: No
Submitted: 7 days ago.
Category: Law
Expert:  SASH_Law replied 7 days ago.

Hi, I’m Lea and I will be assisting you with your query today.

I am very sorry to hear about your dilemma, but will do my best to provide you with advice and guidance on what to do next. If the father is not on the birth certificate then the only person with parental responsibility (PR) is you and you therefore make all the decisions about the child. If the father wishes to challenge this, he will need you to either agree to give him parental responsibility by making a PR agreement between you which is lodged with the court, and if you don't agree to so this (which you do not have to), he can apply to court for a declaration of parentage and then have the birth certificate amended to put his name on.

Alternatively he can apply to court for a child arrangements order to spend time with the child, or to have the child live with him. If the court awarded him a lives with order (or a shared lives with order) then that would also confer PR on him.

In effect, until or unless he does any of the above, you are the only person with PR and therefore the only person who can make decisions about your child and his or her welfare, health,education etc.

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Expert:  SASH_Law replied 7 days ago.

Can I clarify anything for you?