What rights do fathers have?

dandelionlou

My boyfriend has 4 children living with their mother. One of these children is severly asthmatic and one is autistic, the mother gets benefits for both these children. she also does not work. Due to the stress of the separation and his mothers death my boyfriend was signed of work sick and claims incapacity benefit. He is now doing a work placement in order to get himself back into the workplace.

The problem here is he keeps the children every Thursday night and Friday night (therefore all day Thursday, Friday and Saturday) and doesn't get an extra penny to provide for them. She on the other hand has 3 days of her week utterly free to go shopping. My boyfriend has to provide for 4 children on basically what a single man gets in benefits. I know all this will change when he gets back into proper employment. But is he entitled to a percentage of the benefits she gets? Thay have no legal custodial agreement. Please help.

Things seem so unfair sometimes for fathers too.

kelloggs36

I'm afraid not - he is not considered to be the PWC as he doesn't have the children for the majority of the time - although he should not be paying any maintenance at all as he should pay flat rate but this is reduced to nil due to the shared care.

dandelionlou

Thanks for the response. It just seems so unfair for fathers sometimes. I'm glad my ex and his wife are so reasonble about my daughter. I wish my boyfriends ex was as reasonable and not so money grabbing. (Small rant).

Bellio

Can I just ask, what is classed as Shared Care ??

Thanks

vaporate

What rights do fathers have?

Not nearly enough legal wise.

shell_542

I think the shared care Kelloggs is getting at in the OP's case is, if an NRP is receiving incapacity benefit and has the child over 52 nights a year, then they would pay no child support.

smithjb1

we have none..bang to rights. My daughter was born before men got PR automatically. SO until recently, I never had it. I found out 10 months ago that she changed my daughters surname (from my surname, to her eldest childs surname) The name of another man, who she was never married but he carries his fathers paternal name....now my daughter is legally known as ...... instead of my name....and there is nothing I can do about it. My solicitor said it could cost me ££££ taking her to court and the judge would say "nope" as shes been that for 6 or so years.

shell_542

Do you have PR now?

smithjb1

Yes-I do now. She agreed to give it to me in 2007, when we were getting on (and I was paying her cash). I think I might have the email proof im after.

shell_542

Oh good, I hope so x

bluereef

smithjb1,i dont know if this will help,but my daughter had her dads name and when we split up i wanted her name changed to mine and i went to a solictor and was told i could only add my surname as her dad wouldnt give consent to losing his name..anyway to cut along story short i was told off the record i could change her name fully BUT if her dad fount out he had rights to have it changed back to his..so your ex had no right to change without your consent