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Legal matters

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Original poster

Ex partner

42 replies

Mummyoftwo2018 · 14/06/2018 01:03

Even though my ex partner isn't my DD biological father does he have any form of rights over her (not on bc)

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SuperLoudPoppingAction · 14/06/2018 01:14

Bit more context would help.

How old is your dd?

It's v unlikely that your ex does have many rights though.

Original poster
Mummyoftwo2018 · 14/06/2018 01:22

Hey my DD is 6 this year and me and my ex partner have been split two years there is no father down on bc and me and my current partner are getting married and I wouldn't like my now fiancé to have some form of rights to my DD as my LB is his own

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Original poster
Mummyoftwo2018 · 14/06/2018 01:23

I would like my now fiancé to have some form of rights ( auto correct sorry )

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SuperLoudPoppingAction · 14/06/2018 01:24

Are you in England?

Has your ex had contact with your daughter up to now?

I might fall asleep but am asking in case questions and responses help someone else to help you.

Original poster
Mummyoftwo2018 · 14/06/2018 01:28

I'm in England and he hasn't had any contact with her for a year now (my choice) as I didn't feel comfortable him having her as he isn't her biological parent and he didn't really do much for her anyway she calls my current partner dad and we allow it because she makes her own mind up on that as I don't see it fair that her little brother gets to call him dad and she just knows my partner as her dad she doesn't even mention My ex partner

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Original poster
Mummyoftwo2018 · 14/06/2018 01:35

Private messages welcome in case I do fall asleep

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SuperLoudPoppingAction · 14/06/2018 01:38

Are you looking to make a legal change that would result in your fiance being legally recognized as a father to your daughter?

Although your ex doesn't have many or any legal rights, adoption is a very tricky thing to organize without consent of both parents I think.

If your daughter calls your fiance dad I don't think there is anything wrong with that.

Original poster
Mummyoftwo2018 · 14/06/2018 01:44

Well my DD biological dad hasn't been in the picture since we split up due to drug problems and she is six this hear and I was told after six years he has no rights to her if he hasn't been apart of her life and he don't want to be apart of her life, I'm just getting worried about my ex partner trying to take me to court for split custody even though he is not her biological dad, my fiancé is my next of kin but I was told that won't affect who my DD goes to if anything is to happen to me and if anything does happen to me I would rather she stayed with my fiancé and her brother is there anyway other than adoption my partner can get rights to my daughter ?

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Original poster
Mummyoftwo2018 · 14/06/2018 01:45

And yes we want my partner to Be known as my DD legal father

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FissionChips · 14/06/2018 01:45

Her ex isn’t the child’s father,I think.

SuperLoudPoppingAction · 14/06/2018 01:47

You can make a will.
As a mum it's a very good idea to have one in any case.

It can be challenged but if the will enables your daughter to stay with her brother that might be the best thing and therefore it's unlikely a challenge would succeed.

Original poster
Mummyoftwo2018 · 14/06/2018 01:49

Thank you for your advice, my partner has said he will call a solicitor tomorrow for more information about our situation because I have a lot of people saying my ex has legal rights to her and then I have a few people saying he doesn't it's so confusing

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SuperLoudPoppingAction · 14/06/2018 01:49

My ex took me to court for custody of my dd although he's not her bio dad.
It didn't work as she was old enough to say what she wanted and she didn't want to see him.
I would have supported her either way.

I have a will to ensure my children stay together and in the family home if something happens to me although I think it's possible it could be contested.

Original poster
Mummyoftwo2018 · 14/06/2018 01:50

No my ex isn't the father Hun and I'm glad he isn't tbh and I have people telling me my ex have legal rights and then I have people saying he hasn't it is so confusing and my anxiety is through the roof

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FissionChips · 14/06/2018 01:51

Is this what you are saying :

2 ex’s

Ex 1 is biological father of child.

Ex 2 is just an old boyfriend

You need to worry about Ex 1 if your partner wants to adopt. Forget about ex 2.

SuperLoudPoppingAction · 14/06/2018 01:52

As I understand it, courts will make decisions based on the best interests of the child. This can vary depending on lots of factors which is why it's hard to find a definite answer in advance.

I'm in a different juristiction so any information I give might not be relevant but I have been in a similar situation.

To my surprise, after a few years of no contact with her step dad, dd got in touch with her bio dad's family and she now sees him sometimes.
He's still quite useless but she seems to get something out of seeing him. It isn't frequent.

Original poster
Mummyoftwo2018 · 14/06/2018 01:53

Yes that's what I'm saying Hun

Ex1 hasn't been in picture since I was 4 weeks pregnant and my DD is 6 this year

Ex2 hasn't been in her life for a year now

I was told neither of them have rights as I have not put any one down as the father on bc it's just father unknown

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SuperLoudPoppingAction · 14/06/2018 01:57

As I understand it, a parent can ask for parental responsibility at a later date even if they're not on the birth certificate.

It doesn't sound like that's going to happen if you and your daughter aren't in touch with her bio dad.
This is probably mostly a good thing but I think for an adoption the court would want him to take a view.
It could be that talk of adoption might reignite a wish for contact.
So it might be better not to poke the bear kind of thing.

Again, I'm in a different area so this might differ where you are.
Hope your fiance can get some advice tomorrow.

FissionChips · 14/06/2018 01:57

Ex 2 has no rights

Ex 1 , well, you need to seek specialist legal advice for that .

Original poster
Mummyoftwo2018 · 14/06/2018 01:58

My anxiety and depression are through the roof I'm losing sleep worrying about all this

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Original poster
Mummyoftwo2018 · 14/06/2018 01:58

Thank you and yes my partner and I are going to call a solicitor tomorrow thank you both for your help x

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Original poster
Mummyoftwo2018 · 14/06/2018 02:01

Thank you, we have applied for adoption before but I was told I would pretty much have to adopt her myself and tbh I don't want my DD bio having anything to do with her as he didn't want to bother with anything when I was pregnant

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Original poster
Mummyoftwo2018 · 14/06/2018 02:04

It also don't help that my cousins social worker is wanting me and my partner to have a legal gaurdianship order for my cousins LG and she has CF

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RebootYourEngine · 14/06/2018 04:33

Why do you want your fiance to have legal rights to your dad? What happens if you two split and you meet someone else, will you want your fiance to forgo their rights to your dd and your new man to have rights.

If I have read this right you split from your ex two years ago and you already have another child and are engaged to someone else. I think it's all a bit rushed.

Original poster
Mummyoftwo2018 · 14/06/2018 07:41

Because me and my fiancé have known each other since we were kids so no it ain't rushed and no cause the second child is his from previous relationship but he is apart of my fiancé so I don't treat him any diff to what I do my DD

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