Where does she stand?

[whiskeysheri]

'Evening all!

I'm asking this Q on behalf of my sister. A friend of ours died a few days ago and it's got her thinking about covering herself just in case...

She spilt with the father of her daughter about six months ago. It was long overdue, he's a complete waste of space.

Anyway, she's terrified that if anything was ever to happen to her, that my niece would be sent to live with him and it's the last thing she wants. He currently has custody of his two sons from a previous relationship (their mother is an drug addict), but has been investigated about their welfare on several occasions. He is on cocaine and drinks a LOT! Thanks to his 'friends' helping him out though, the boys are still with him.

Since they split up, he has only seen my niece a couple of times and during those visits only used it as an opportunity to try it on with my sister. My niece is 22 months old, screams when he comes near her and she's the most confident toddler I've ever come across! His side of the family blank both of them in the street and so my sister is obviously troubled about what would happen with her daughter.

Is there anyway she can have a say in what happens to her when he is still 'around'?

Thanks for any information in advance,
ws xxx

[Ethel]

Assuming they were never married:

If he is named as the father on the birth certificate he has automatic parental responsibility for the child.

Or if there is a properly witnessed and signed parental responsibility agreement then he has the same rights as a married father.

Otherwise he has no rights whatsoever, and your sister can make arrangements for the child's welfare in her will.

[whiskeysheri]

Thank you, Ethel!

They were never married, but unfortunately he is named on the birth certificate as her father. It's just such a worry to her now, as he isn't fit to be a dad.

Do you happen to know if she requires his permission to change her daughter's surname, please?

Thanks again, Ethel :o) x

[Pippa68]

Hi WS :o)

I would imagine your sister would need permission to change your neices name as the father on the birth certificate has automatic parental responsibility from 2003..whether married or not. Ethel can correct me if I am wrong!

I am not sure if the surname on the birth certificate can be changed, though.

[Ethel]

Just to clarify, since 2003 an unmarried father has automatic parental responsibility for his child IF his name is on the birth certificate.

As your niece is 22 months old, she was born in 2004.

I would advise your sister to get advice for obtaining sole custody. Citizens Advice may be a good starting point.

Once she has sole custody then the father loses any parental responsibility.

It won't be easy - she will have to demonstrate that baby will be better without contact.

Good luck.

[whiskeysheri]

Hi Pippa! :o)

Thank you both so much for your answers!

Ethel (sorry to be a nuisance), do you know how she would begin to try for sole custody or can Citizens Advice help with that? He's been warned by the police to stay away from them after smashing her door down, so I gather this might help in such a case?

Thank you both again, lots and lots xxxxx

[Pippa68]

Well Ws...Ethel was far more help in the maths department...LOL!

Can your sister see a solicitor? if not, she can apply to the local family courts for sole residency (it isn't called custody anymore) for a smaller fee..a solicitor may just ask for too much money for something quite simple she can do herself. I only know this as Mr Pippa represented himself in a residency/contact battle and saved himself thousands of quid ;o)

As the bloke has had a police warning it doesn't look good for him anyway..but she must prepare herself in case he decides to contest ~ whether he is successful or not, he still has the 'right' to cause a stink, unfortunately :o(

let us know how she gets on, ok?

xx

[whiskeysheri]

Brilliant! Thanks, Pippa!

She has a friend who works at a solicitor's (not sure what doing), so she'll ask her for a bit of general info too, on how to get the ball rolling.

She's asked me to thank you both, Ethel and Pippa! xxxxxx