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Legal matters

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residence order/parental Responsibility for DP and DD

8 replies

Crazybit · 05/01/2012 18:28

Can anyone tell me about whether their partner has gained PR or Residence for their child? DP and I are not married, we met when dd was around 7 months old, she is now 4. Her sperm donor was adamant he was not interested in dd when she was born, refused to admit she was his and has not met her, nor do we have any contact.

We have applied to the council for DP to adopt DD but there is a 3 year waiting list. We are in the process of changing her name by deed poll. As far as I can see, gaining a residence order for DP for DD would be the best way forward as we are not married but I am worried that it will not be straight forward if I cannot prove that ex is not interested, although I feel if I do contact him, he may refuse it to be spiteful.

Any thoughts/experiences?

OP posts:
merielclaire · 11/05/2012 13:58

Crazybit I am in exactly the same situation! Did you go ahead with the PR in the end? Would love to know how it worked out!

STIDW · 11/05/2012 22:49

Does the natural father have PR and are you intending to marry your new partner? When a father doesn't have PR it's possible to make a PR agreement with a husband. Otherwise you are right a residence order would be a way for your partner to obtain PR.

If the father has PR it would be unlawful to change a child's name without his consent or permission from the court.

turnigitonitshead · 11/05/2012 22:56

well if he is not on the birth cert and you have no idea where he is or who he is then you will be unable to contact him.

unsure about the legalitys but you can obtain a pr agreement, rather than rsidance order, though not sure if this is an easy proccess.

turnigitonitshead · 11/05/2012 22:57

here

STIDW · 12/05/2012 08:16

If the natural father doesn't have PR a step-parent needs to be married to the mother to enter into a step-parent PR agreement.

mumblechum1 · 12/05/2012 09:06

STIDW is absolutely correct.

Adoption is entirely unnecessary; if you marry your dp you can enter into a PR agreement which is very straightforward.

mumblechum1 · 12/05/2012 09:07

I'm assuming, on the info in the OP, that the father doesn't have PR

merielclaire · 14/05/2012 10:18

Thanks this is all useful stuff!

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