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grandson worries

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Im a BusyBee | 21:03 Fri 25th Aug 2006 | Law
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This is gonna b a long 1 sorry.....my daughter had my grandson 21 months ago, she wasnt with his dad while pregnant(hes a waste of space but yes i know hes the boys father) he appeared at the hospital while she was in labour, they got back together, got given a council house and when baby was 17 months old he left them. debts came from left right and centre-he'd paid no rent, council tax, gas, phone etc while they had been together. she let him and his family see him as and when they wanted. he doesnt appear on birth certificate, no father does, things have now got nasty and he wont pay her any money for him so she says he cant see him and dad says he's gona take legal action. but im not sure how he will stand legally? i hope you can follow this and i hope someone can help !
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Hi,
The courts will say she has no stand for stopping him seeing the kids just because he has stopped payments. She needs to go through the CSA for claiming money for him because they will take him to court if he stops paying maintenance - be warned thou if he is not working they will not make him pay a penny. with regards to the access situation your daughter can put in a court action if he does take it to court that they are supervised visits so that she has main control over when he has access. your grandson was born after sept 2003 meaning the father can petition to have himself put onto the birth certificate therefore gaining equal parental rights. the only thing i can suggest is that your daughter speaks to citizens advice people or a solicitor. if she is on benefits she can get this through legal aid and they can advise her better and then decide whether it is worth taking him to court to stop access before he does it too her but be warned that the courts dont always side with the mother even if there is reasonable grounds for otherwise.

Good Luck
I could be wrong but doesn't Parental Responsibility come into this also? Unless the mother and father were married at the time of the the birth, the father doesn't automatically have PR. That's where the petition comes in on the Father's part but the track record doesn't look good...
when a child born after dec2003 and the father is put on the birth certificate they automatically get parental rights - the father has to be there for being put on the birth certificate because he is accepting responsibility marriage or no marriage.

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