Information needed asap

[funkypunky04]

My sister has a 3 yr old boy, his real father has nothing to do with him. My sister is now in a relationship. what rights does this new partner have in the care for her son. they are not married but one day they may marry. please help me find information asap.

thanx

[woofgang]

none is the answer, not even if they marry unless the new guy legally adopts the child.

[funkypunky04]

thank you

[SC00BY]

The new guy can either adopt or go for 'Parental responsibility' The CAB can offer further advice

[peeriesooky]

If your sister and her partner live together he has joint rights to the little boy as it is assumed he has taken parental responsibility although if they do not live together he has no rights but he does have a moral duty. If the get married he will assume the role as father and aquire those rights. Hope this helps.

[cricket doll]

Hi woofgang is correct, but peeriesookey is incorrect. please read the following 2 posts. * note the term 'father' (whether unmarried or not) refers to the biological father only.

Q. Who has parental responsibility?
A. Mothers automatically have parental responsibility.
Married fathers automatically have parental responsibility and do not lose it, even on divorce.
Unmarried fathers do not have automatic parental responsibility, but may obtain it by:
marrying the mother;
having their name registered or re-registered on the birth certificate (see below);
making a parental responsibility agreement with the mother;
obtaining a parental Responsibility Order from the court;
obtaining a residence order from the court; or
becoming the child's guardian.
Unmarried fathers will, after December 2003, have automatic parental responsibility for their children if they have registered as the father [Children Act 1989, s. 4 and Births and Deaths Registration Act 1953, s. 10]. If a child was born before 2003, and the father was not named on the birth certificate, that child can be re-registered and the father named. Once this has been done, the father will automatically have parental responsibility.
Registration or re-registration requires both mother and father to be physically present at the registry office and sign the birth register. If one party cannot attend, they must complete and sign a Statutory Declaration confirming their absence. A Statutory Declaration is a formal document that must be signed by a commissioner, a solicitor or the courts.

[cricket doll]

2nd post

Q. Can people other than parents acquire parental responsibility?

A. Parental responsibility is not granted automatically to non-parents, even if in reality, they care for and are responsible on a day to day basis for the child. However, there are several ways to obtain it:

by being appointed as guardian to care for the child if those with parental responsibility for the child have died;
by obtaining a residence order from the court which requires that the child lives with the person applying; or
by adopting the child.
Only unmarried fathers can apply for a Parental Responsibility Order .

Local authorities will be given parental responsibility if they have a care order with respect to the child.

If someone other than a parent is given parental responsibility, they share it with the parent.