ChatterBank22 mins ago
Do un-married fathers have 'rights' ?
7 Answers
My friend has a child and although he and the childs ' mother were not married, he is named on the birth certificate. They split last year and the child lives with his mother. The mother has the view that the child's upbringing is up to her and the father has no say in it. There are certain aspects he would like to be involved in. He pays regular maintainence and sees his child . Now the mother is moving a long way away from where she lives now ,which is close to both parents. What right does my friend have (if any ) over where the child lives? Does the child automatically have to live with its mother.?
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For more on marking an answer as the "Best Answer", please visit our FAQ.There are 2 different 'laws' on unmarried parents. If the child was born before 2003 then the fathers rights are limited if born after 2003 then there are automatic rights.
http://www.fnf.org.uk/unwed.htm
http://www.fnf.org.uk/unwed.htm
As far as I know, if the court grants him access to his child, then she can only take the child out of the country with his consent if he asks the court to put this in the agreement. I believe she can however move within the country. It would be best if he went to see a solicitor or initially his local Citizens Advice Bureau. He can apply to the courts to have the child live with him. However, unless he can prove that the child's mother is an unfit mother, I don't think the courts will grant him custody. Things have become far better for fathers in recent years , married and unmarried, so if he feels strongly about this, he should seek advice immediately. He should however make sure that what he is intending to do is in the best interest of the child - as it is the child who will suffer if this is not handled correctly. In the end, it is the child that must remain the main concern for both parents and it is in that spirit that the courts will decide. I hope it all works out and you two can come to an amicable agreement.
Even if he does not have parental responsibility then he can apply for it at court. It can cost but it is very rarely not granted. She would have to provide a very good reason (that he is a danger to health of child) for it to be denied. Then he is entitled to make his own contact with school medical record etc. If child was born after 2003 then as others said he is automatically granted this. Parental responsibility means you are responsible both financially and morally for the child. Tell him to look at British Second Wives Club and they give a site for husbands/partners who are having nightmare with exes. This helped me and my husband loads when we had access issues etc - good luck