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Channel: Divorce – Swain & Co Solicitors – Havant/Portsmouth, Southampton, Liverpool
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Do I have legal rights for my children?

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Not all parents of children have parental responsibility for their children.

Parental responsibility is all the rights, duties and responsibilities that a parent has in relation to their child. Mothers will automatically have parental responsibility however, not all fathers will.

Q – How do I know if I have parental responsibility for my child?

If a father of a child is named on the child’s birth certificate, and the birth was registered after 1 December 2003 then they will have parental responsibility. Alternatively, if the parents are married at the time of the birth then the father will also have parental responsibility.

If you are a same sex couple and were civil partners at the time of treatment then both parents will have parental responsibility.

Q – I don’t have parental responsibility – how do I get it?

If you are a father without parental responsibility for your children, it is possible to obtain this by either obtaining consent from the child’s mother and entering into a Parental Responsibility Agreement or alternatively, by making an application to the Court for  Parental Responsibility Order.

For a same-sex couple, it is possible for the second parent to apply for parental responsibility. If the parents become civil partners following treatment/birth and enter in to a parental responsibility agreement or jointly register the birth then this will enable both parents to have parental responsibility.

If you think you may not have legal rights for your child then this is something we can assist with. Do not hesitate to call us today for advice – 02392 492967.


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