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Dad's Rights

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weezypops
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Dad's Rights

#1 Unread post by weezypops » Thu Oct 13, 2011 10:37 am

Question for a friend, hope that's okay. A friend of mine's girlfriend is pregnant but they are in the process of splitting up. He was wondering what the situation is regarding his rights to seeing the baby. They're both certain he's the dad so there's no paternity issue, and he completely wants to be involved in the baby's life but isn't sure where he stands, if there's anything he needs to do just in case things turn a bit nasty between them.

Thanks!
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nubs
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Re: Dad's Rights

#2 Unread post by nubs » Thu Oct 13, 2011 1:09 pm

I would say that he would need to tread carefully and should get his name put on the birth certificate.
If he thinks things get nasty then instruct a solicitor to put together a document regarding visitation etc and then its legally binding x
Kris, Jack & Sam
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BrandonsMum08
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Re: Dad's Rights

#3 Unread post by BrandonsMum08 » Thu Oct 13, 2011 11:10 pm

Definately advise him to go along when getting birth cert as this will automatically give him parental responsibility. if he doesnt get his name on it, he will have to apply for parental responsibility before any court action can go ahead if needed. they may even ask for a dna test if his name isnt down.
Other than the above and what kris said, not much can be done really other than obtaining a court order for access. this will go through a cafcass officer before going infront of the leimen (sp?)/judge to see if they can mutually come to an agreement (if this isnt done beforehand with solicitors). if no agreement is made, then they both give their reasoning behind what each are asking with regards to access then the court decide the access. if this does happen, from experience with andy and his daughter, he stands a good chance if he pleads that what he is requesting is in the best interests of his child to regularly see their dad and all his family, rather than just saying the access is what he wants. the courts favoured andys case and awarded everything he wanted and more!
Unfortunately though, it can be rather costly if he isnt entitled to legal aid - a few thousand. this can be reduced by representing himself but its only advisable if hes confident and knows to some degree what he is doing. our 'baby barrister' was brilliant but said andy could have quite easily done it on his own. if your friend needs any advice from another dad whos been through it all (along with every piece of crap thrown at him beforehand from the ex and her family), andy would be more than willing to chat via emails.
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Re: Dad's Rights

#4 Unread post by Lawyer Mark » Wed Oct 19, 2011 4:29 pm

Thank you for your post. There have been some useful responses so far.

I am sorry to hear the difficulties and concerns your friend has in relation to his unborn child. There are a few things he should be aware of, and therefore hope the following helps:

If there are no issues over paternity, your friend should be registered as the child’s father on the birth certificate. He will need to be present at the registration to do this. This will automatically ensure he has Parental Responsibility for the child, and gives him the right to be involved in important decisions in the child’s life.

If the mother refuses his registration on the birth certificate, your friend will need more specific legal advice about obtaining alternative methods of obtaining Parental Responsibility, since without it, schools, doctors and other professionals etc are unlikely to liaise with him regarding the child and his/her wellbeing.

In relation to contact, it would undoubtedly be best for all concerned if both parents can try and agree a regular routine for when your friend can spend time with the child, either alone or in the company of the mother. This will much depend on the child’s needs at first, but it would be better to get a structured routine for his contact in place sooner rather than later so that they both know where they stand. The contact routine can always change by agreement as the child grows.

In the event your friend’s partner refuses him contact, there are legal remedies available to him which would help enforce his right as the child’s father. Whilst these are long winded, and perhaps too detailed to explain in full through this post, but may include mediation or an application to the Court for a Contact Order.

I do hope that this gives your friend some assistance. Should he wish to, your friend can contact us directly to clarify anything on a confidential basis. We can discuss his circumstances in more detail and decide on the appropriate course of action, if relevant. Marie Groves would be delighted to help and can be contacted on mgroves@leonardgray.co.uk or 01245 504904. Good luck.

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Re: Dad's Rights

#5 Unread post by weezypops » Wed Oct 19, 2011 4:39 pm

Thanks Mark, I'll pass that on.
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