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help please? sole custody/residency?(6 Posts)
Im currently a single mum of my 4 month old.
My ex has had no interest or contact at all,untill i made contact ,
then he just threw in my face he wants a dna test , i know it will come back as his , i want to know can i apply for sole residency? or custody as i dont him around my child, his living conditions are so filthy its foul, hoover is non existant theres old food and rubbish all over floor, and i will not have my baby around this , im scared he will try something just dont know what to expect or do
Whether or not you have residence has no bearing on whether he gets contact. The courts will not give you a residence order unless there is a dispute about where your child lives.
Go to the CSA. If he denies paternity to them he will have to pay £300-400 for a DNA test. Gets refunded if he's not the father, but kept if he is. He'll have to put his money where his mouth is then.
I agree with Collaborate in that you should apply to the Child Support Agency. Financial Maintenance and Contact are considered to be completely serperate issues and contact or not, if he is dad he should be financially supporting his child.
Now with regards to contact and residence. Firstly, the courts will only make an order in relation to either contact or residence if it is needed. ie there is a dispute as to where the child shall live or what contact will take place. The courts certainly prefer parents to be able to reach an agreement without making applications to court. This can b done for example between you directly, or by solicitors negotiating on your behalf and also through the process of mediation.
Where there is a disagreement as to residence or contact, the court will base their decision on what they consider to be in your child's best interests. At his age they would consider his needs, the parents abiliy to meet those needs, any risk of harm and the affect of any change in circumtances.
A court will generally consider that it is in a child best interests to have contact unless there is good reason to say otherwise. However, depending on the circumstances, this could be in you local contact centre.
You might wish to try and get some more specific advice by popping along to yor local Citizens Advice Beareau or solicitor. Depending upon your financial circumstances you may be eligible for legal aid or be able to find a solicitor who offers a free or low cost first appointment.
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