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parental responsibility HELP!!!

9 replies

sydney6 · 13/04/2009 12:41

hello, can my parents get shared parental responsibilty of my daughter with me? They are named as her guardians in my will in the event of anything happening to me.

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ChocolateEggMayorNaze · 13/04/2009 12:42

parental responsibility is, i think, granted through a residence order saying whom your dcs should live with. i'm guessing your parents don't live with you?

go to a free advice session at a solicitors, they should be able to talk you through it.

sydney6 · 13/04/2009 13:07

thanks but if thats the case how comes fathers who do not live with the child get parental responsibility. thank you

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Meglet · 13/04/2009 13:29

I've looked into this a bit for myself.If the dad is named on the birth certificate then the dc's automatically go to him if anything happens to you. The only way you might be able to change it is for you to write a will and get him to agree your parents can have then, even then its not legally binding as he can change his mind.

It worries the hell out of me as my ex p really wouldn't be able to look after a fecking house plant, let alone 2 kids. Whereas my family would do a wonderful job and give then stability.

sydney6 · 13/04/2009 14:32

He is named on her birth certificate but it was before the law changed in 2003 and he does not have parental responsability, does that make a difference.

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oldraver · 13/04/2009 17:08

Hi You really need to see a solicitor who specializes in family law. I think it is possible to give other people PR. I was reading about the writer who fostered out her daughter who had CP and she allowed her to have PR, so the foster parent shares pr with the parents. This was allowed as a new law came in. i dont know if this would be the same thing

oldraver · 13/04/2009 17:16

Sorry just had a look for the info and its called Special Guardianship and seems to be applied to where the child is fostered out to give PR to the fosterer

I would still talk to a good solicitor

sydney6 · 13/04/2009 20:47

thankyou all for your help

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VictoriaGM · 17/04/2009 20:34

At present with your ex not having PR your will would stand as it is a legal document - your parents would have to get RO to make it official. Your ex could contest this but your wishes and will would be taken into account but they would also take into account things like the amount of access your ex has had to your daughter and what sort of person he is - ultimately a court would rule in what is in the best interests of your daughter - your ex would have to take the matter to court to take her from your parents. You can give PR to a husband/steparent you have to married and its called a step parent parental resonsibilty agreement and has to be signed by all people who have PR.

ab79 · 17/04/2009 20:48

You can always get free legal advice from cab

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