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parental rights
fredwatt
Posts: 13 Forumite
For an unmarried couple, does the father having his name on the childs birth cert give him any 'rights' or stability in the family home? Ie if they split, would he be able to use it as proof of a common intent (of a family home and stable relationship) between them?
Thanks.
Thanks.
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Comments
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I think your question is confusing, are you asking about parental rights as in making decisions and having access or rights to the family home?0
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Sorry, just to clarify that Monty, was meaning more to do with the house than the child, esp if the father lived in that house with partner and child and paid for everything over the years.0
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If you split, having a name on a birth certificate has not much bearing on sorting the finances. Do you rent or have a mortgage?
Who will be the parent with full time care?0 -
I didn't think it would Monty, just going on a chinese whisper!0
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No, having a name on a birth certificate has no bearing on what would happen with a house - slightly baffled that someone would think it would! It would give the father parental responsibility and some rights in terms of the child if they were to separate.
Rights to the house would depend on whether his name was on the mortgage/tenancy agreement. If it was in joint names and it went as far as court proceedings then it may also take into account who was going to be main carer/resident parent for the child.0 -
Just to clarify, being named on the birth certificate only gives the (unmarried) father automatic parental responsibility if the child was born after 1st December 2003 (England and Wales - the dates differ for Scotland and NI)."Growth for growth's sake is the ideology of the cancer cell" - Edward Abbey.0
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What about pre2003? You would think the named dad would have responsibilities whatever the year!0
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Regardless, in the situation you are actually asking about - being named on the birth certificate is neither here not there.0
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Pre 2003the unmarried father has no parental responsibilities by law, he has to apply for that.0
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What about pre2003? You would think the named dad would have responsibilities whatever the year!
Just to to clarify - Parental Responsibility is a legal term which gives the father certain rights, for example to be consulted on education and foreign holidays etc. Not to be confused with a father's general responsibility for taking care of his offspring (or not, depending on whether they do in fact accept that responsibility)I'm a retired employment solicitor. Hopefully some of my comments might be useful, but they are only my opinion and not intended as legal advice.0
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