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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 13316
Experience:  30 years as a practising solicitor.
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I'm looking for a bit of advice regarding my partners son.

Customer Question

Hi there, I'm looking for a bit of advice regarding my partners son. He is six years old and in my opinion has seen too much at his age. His mother has 12 offences with social services concerning her drinking problem around her son. She is always quick to blame her child's father but it is always when she is on her own with the young boy. The whole family feel it is a situation that is going to keep going around in circles and my partner and I would just like a bit of advice if we would like to take him in our care full time.
Submitted: 10 months ago.
Category: Scots Law
Customer: replied 10 months ago.
We just need to be guided on the right path and how long a process like this would take. My partner has 0 offences against his or anyother child and his son always feels secure around him and never wants to leave his side.
Expert:  JGM replied 10 months ago.

I am s solicitor in Scotland. Does your partner have parental rights and is he named on the birth certificate? Is there any existing court order for contact?

Customer: replied 10 months ago.
he's got full parental rights and he is on the birth certificate too. No there's no court order in place, but we're hopefully looking to put one in place as we feel she is getting away with her drinking habit and it's not fair that a young child is witness to that.
Expert:  JGM replied 10 months ago.

In that case, without delay, your partner should see a family law solicitor with a view to applying for a residence order. I would assume that you would have social services on your side and get their support in making the application.

Customer: replied 10 months ago.
Thank you for your response, that puts my mind at ease. Considering social services are aware of her offences with alcohol abuse do you think the process of a residence order would take shorter time?
Expert:  JGM replied 10 months ago.

Not necessarily, there is still a procedure to follow.