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Parental Responsibility - exH & new H?

(10 Posts)
MagratsHair Sun 16-Nov-14 14:43:16

Considering remarrying. If I remarried & new husband adopted the children from my previous marriage, does this mean that the biological father loses his parental rights? Or can both man claim parental responsibility at the same time?

LittleBairn Sun 16-Nov-14 14:46:51

Yes he would.
But if your ex allows your new husband could apply for parental responsibility that would give him rights but still keep your exs would still retain his parental responsibility.

katandkits Sun 16-Nov-14 14:48:11

If the biological father has parental responsibility then he would have to agree to give that up. Since you were married he does have PR. Is he still involved? I don't think your new husband can adopt them without his permission. And no, i reckon they cant both have PR at the same time

balia Sun 16-Nov-14 15:00:49

Yes, if your new DH adopts the DC's, then that cuts the connection to their biological father and all of his extended family (including maintenance and any inheritance in the future). You'd need to apply to court to do that, and if the biological parent objects, even if he currently has no contact, you may have an uphill struggle.

However, you can apply for parental responsibility for new DH without adoption. You would still have to apply to court and have the other parent's permission (in most cases) but it may be easier to get. I think there are other criteria (eg DC have to be resident with you and new Dh for 3 years).

FWIW, I have been step mum to DSS for over 10 years and never needed PR, so it isn't something vital - if it is likely to cause upset I wouldn't bother.

babybarrister Sun 16-Nov-14 20:36:38

Message withdrawn at poster's request.

MrsSquirrel Mon 17-Nov-14 13:54:24

If your exh agrees to it, you can file a parental responsibility agreement with the court. That way all three of you would have pr.

I have done this. We turned up at the court with the correct paperwork, signed the form and paid the fees. We were in and out of there in less than an hour.

If your exh doesn't agree, you could still apply to the court for your new h to have pr, but it would be a more involved process.

lostdad Tue 18-Nov-14 17:57:37

Would echo what others says.

A parent retains parental responsibility unless a court orders otherwise. It's not changed by a child's parent's marital status.

If you wish someone else to have PR for a child all holders need to give permission (or the court needs to order it by your demonstrating that is in the best interests of the child). It's as simple as that.

On a more pragmatic note...are you sure this is appropriate? How would this benefit your DC? And is it liable to cause problems between you?

jalopyjane Tue 18-Nov-14 18:01:28

I think it would be very unusual to adopt unless the father was completely out of the picture (no contact/maintenance). Is this the case! If not I can't imagine why any of the parties involved (you, partner, xh or dc) would want it?

jalopyjane Tue 18-Nov-14 18:03:01

Sorry for the stray exclamation mark blush

floatyjosmum Wed 19-Nov-14 17:56:54

I've done the same as squirrel but ours was free!!

Step parent pr agreement - you can download the form and you all go with id to the court. They witness your signature's and post it off. Took a couple of weeks to come back with the official stamp on!!

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