fathers rights

[soconfused]

I have child who is 4 years old. His dad refused to put his name on the birth certificate but later paid for a dna test to question his paternity. After proving he was the father he rufused to support him and said he didn't care about him. He assaulted me with my child in my arms when he was a few months old and this was when we finally split up. He didn't even show for the birth of his son because he was to busy! I have a new partner who i have been with for 3 years and my son sees him as a father figure. His real dad and partner constantly abuses us in the street (even when my son is present) and says i am a bad mum. I am 22 now but was only 17 when i had my son, does my childs father have any right to my child and could my partner now adopt my son.

[Pippa68]

Given that your sons father has not shown any interest in having contact with his child, it looks like you have a strong case for legally severing all ties. I don't like to mention maintenance payments, as legally speaking (rightly or wrongtly) a father has very little 'rights' over children even if he does support his child financially (the CSA can take maintenance payments even if the father has been denied contact by the mother or the court).

From your query, I assume you are in a long standing relationship ~ don't know if you are married? in any case, I would visit the CAB or even visit a solicitor for an initial consultation to work out where all of you stand legally. From what info I have gathered in the past, I believe your partner/husband should be allowed to adopt your child due to abandonment (this happened with myslef & my stepfather). I would get legal advice to get the ball rolling...however I would like to say that the Children Act of 1989 makes provision for children to have rights to contact with their father, which probably won't affect you if your childs father isn't interested in him ~ but do prepare yourself for a surprise when your ex gets wind of it, as he sounds a nasty piece of work who may throw a spanner in the works just to cause trouble!..it has been known.

Good luck & let us know how you get on :o)

[noxlumos]

Probably your best bet is to get a residency order, as I believe that gives your new partner the right to have your little boy living with him should, God forbid, anything happen to you, but I don't think his natural father needs necessarily informing of that since he's not on the birth certificate, wheras if you go down the adoption route I believe he is informed. Get some good legal advice, lots of solicitors do the first half hour free. Good luck:)