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Original poster

Applying for Parental Rights for a stepfather.

23 replies

highhopes2010 · 28/04/2011 09:00

I'm sure I saw a while ago on the net that you could download the forms and send them to the courts for signing/stamping etc?I can't find them now so I wondered if anyone could suggest a website for me.Also I saw a solicitor yesterday and he suggested to me that I appoint a Guardian.I have seen the forms for this online-which are free but I don't know if they will be worth the paper they are printed on as my solicitor would charge me for these forms?Sorry,no good with things like this.Hope someone can help.Oh and lastly,does anyone also know the difference between a will you can buy from WHS and one a solicitor will do for you?I mean,are shop bought wills not as good as one a solicitor will do?

OP posts:

prh47bridge · 28/04/2011 12:47

The form for giving parental responsibility (not rights) to a stepfather can be found here. Note that you must be married to the stepfather in order to give him PR. You have to take the forms to the court in person. The stepfather has to come with you. If the father has PR he will have to go with you and give his consent.

You don't buy a will from WHS. You get a pack which helps you draw up your own will, usually providing some guidance and forms. You certainly don't need the forms they provide. You can write a will on plain paper. However, do it yourself wills frequently cause problems. A solicitor will help you think through all the situations that may arise and ensure that your will is properly drawn up so that it is unlikely to be challenged. I would definitely recommend using a solicitor to draw up your will.

vj32 · 28/04/2011 15:45

We are in the process of having wills written by a solicitor to appoint a Guardian for our child in case of our death. Our mirror wills are costing about £280 I think, with a very experienced local solicitor. I wouldn't take a risk with my child's future - the cost seems little to know that our wishes will to be followed. If you have a child you will want to appoint a guardian and create a trust in your will - these can be very complex so you can't really DIY. If you read up on the net all the sites say that you should use a solicitor if including a trust for a child in your will.

mumblechum1 · 28/04/2011 16:30

If you're interested, I have an ad on the Small Business Classifieds Section (am a lawyer & will writer).

prh47 is spot on regarding parental responsibility by the way. Remember to take ID when you go to sign the document at court (you don't need to see the Judge,just one of the clerks who's been trained to deal with PRAs.)

squaddiewife · 28/04/2011 16:51

does the natural father have to have parental rights first and then the step father apply because my exp never bothered but my DH would like parental rights?

Collaborate · 28/04/2011 16:53

Natural father needs to be a party to the agreement if he has PR, but not if he doesn't.

mumblechum1 · 28/04/2011 16:59

Were you married to your child's father?

If not, when was your child born?

Original poster

highhopes2010 · 28/04/2011 17:23

Thank you all for your help.Have downloaded the PR form and will be taking it to the family court next week.Will also do the Guardianship in my will-with a solicitor at a cost of between £175 and £200,as VJ32 said it's a small price to pay when it involves a child.Squaddiewife-My ds was born before 2003- when the automatic PR came in so his birth father didn't have any PR and because we were'nt married.thank you all again for your help.

OP posts:

squaddiewife · 30/04/2011 09:32

i wasn't married to dd father and she was born in 2002, thanks for the feedback everyone, off to fill in the forms

CarGirl · 30/04/2011 12:43

My exh has recently gained PR for my eldest even though we have been divorced for nearly a decade, her bio father doesn't have PR though.

Original poster

highhopes2010 · 30/04/2011 19:37

Cargirl,I believe if a child has constant contact with an ex partner/husband/wife the ex can apply for PR?maybe someone will tell you I'm wrong but I did read something on that recently.

OP posts:

CarGirl · 30/04/2011 19:46

Well he's been awarded it and she is currently residing with him. I have no problem with him having PR and I think if a step-parent is the parent in all the ways that count then giving PR is probably usually the right thing.

sb6699 · 30/04/2011 19:50

Sorry to intrude on your thread op, but could someone explain the difference between granting parental responsibility and guardianship.

CarGirl · 30/04/2011 20:00

They are completely different things but I suppose in some ways they must have similarities - have you googled them?

sb6699 · 30/04/2011 20:37

I have looked into parental responsibility in the past. I just googled Guardianship which I hadn't thought of before.

The articles I have found seem to be pretty vague. The only things I have found about Parental Responsibility detail things like taking a child out of the country and being allowed to authorise medical procedures whereas Guardianship seem to relate to who would take care of my child if the worst were to happen.

I would have thought that if my dh had parental responsibility and my ex doesnt (we haven seen him in 12 years), that my ds would automatically be allowed to stay with him.

I suppose what I'm asking is it essential that I deal with both issues or is having PR enough.

CarGirl · 30/04/2011 20:39

Best to speak to a solicitor - perhaps adoption is the way forward?

sb6699 · 30/04/2011 20:53

I did wonder about adoption but thought that we would have to contact ex - I dont know where he is and even if I did I really wouldnt want to get in touch with him.

Thanks for the suggestion though.

CarGirl · 30/04/2011 20:56

I think they have to try and contact him but if they can't, they can't type of thing. Perhaps pay for a half hour consultation with a recommended family solicitor.

sb6699 · 30/04/2011 21:08

Thats a good idea - will do that.

I am just a bit worried that if contact is made, he will find out where we live. In that case its probably a better idea to go down the PR/Guardianship route where he doesnt need to be involved.

Appreciate the input.

CarGirl · 30/04/2011 21:40

Actually for PR they wanted to contact my dd's dad - I don't have an address for him but I don't know if they contacted him via CSA?

Original poster

highhopes2010 · 01/05/2011 11:43

Guardianship is only in place when the childs parent/parents/person with PR die.

OP posts:

Original poster

highhopes2010 · 01/05/2011 11:50

sb6699,most solicitors run a free clinic where they can give you all this info in 30mins.my solicitor advised me to do both-PR and guardianship.

OP posts:

Original poster

highhopes2010 · 01/05/2011 11:55

My solicitor also told me the other day that as my ds father doesnt have PR they don't have to contact him.I confirmed this with the Family Court that I am taking the forms to(PR)and they as I said didn't need to contact ds father and said it would take a few minutes to stamp and sign then it was completed.

OP posts:

sb6699 · 01/05/2011 12:22

Oh, thats good. Best get myself off to see a solicitor.

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