What should we expect in guardianship process.

yayaitsme

Myself and my husband (not bio dad) are applying for him to become a guardian for my daughter.We submitted the court papers today but I'm wondering what the whole court process is like. Any insight would be appreciated.

Orion

It's a rubber stamp exercise really as long as the bio dad doesn't object.

yayaitsme

Orion wrote: »

It's a rubber stamp exercise really as long as the bio dad doesn't object.

Thanks Orion, bio dad has isn't in the picture. I just had no idea what to expect.

Orion

yayaitsme wrote: »

Thanks Orion, bio dad has isn't in the picture. I just had no idea what to expect.

When you've two people agreeing to provide fire a child it won't be a problem. Most cases are the opposite.

Into The Blue

Congratulations!

Lucyfur

We had to prove that we had tried to contact the bio father, then had a court day where our solicitor did all the talking. Judge granted it immediately and the official paperwork was with us within 2 weeks

yayaitsme

Lucyfur wrote: »

We had to prove that we had tried to contact the bio father, then had a court day where our solicitor did all the talking. Judge granted it immediately and the official paperwork was with us within 2 weeks

Thanks Lucyfur, bio dad has no interest , and my daughter doesn't want to see him. We're applying using the new legislation from January the lady in public office hadn't used the form yet. Would you recommend getting a socilitor as we were thinking of doing it ourselves?

Lucyfur

yayaitsme wrote: »

Thanks Lucyfur, bio dad has no interest , and my daughter doesn't want to see him. We're applying using the new legislation from January the lady in public office hadn't used the form yet. Would you recommend getting a socilitor as we were thinking of doing it ourselves?

If bio father doesn't object I'd say you'll be sound without one! I didn't know there was mew legislation. That's great

Sillyquestions

I am just wondering, what is the difference between applying for guardianship and adopting the children of your partner? Is there a legal difference? More or less protection for the child/new family unit or is it essentially the same outcome just a different process as I have been told step-parent adoption could take over a year but if guardianship grants the same rights/protections and is a process of weeks or months that sounds much better for all concerned.

yayaitsme

Sillyquestions,the main difference is with guardianship the bio dad still has legal rights whereas adoption terminates all the bio dads rights. Unfortunately for us he refuses to sign consent for adoption even though he hasn't been in her life for the last 12 yrs. The new legislation allows for a step parent who has lived with the child for 3 yrs to apply. It will create a legal tie between the two which in my case they both really want.

Sillyquestions

yayaitsme, thanks for that, that is definitely an important distinction, in our case the bio dad has had no contact ever and refused previously to acknowledge his parenthood and was never married to my wife so I suppose his rights would be few enough anyway but that is something to think about.

I just want the best protection for our family unit as my wife has a very bad relationship with her mother and is very worried that if anything happened to her that I have no rights with regard to the children.

yayaitsme

Sillyquestions we're doing it for the same reason to protect her if anything happened to me. The change in law will hopefully make it an easier process. We might look at adoption again once this part is completed. If you Google form 58.30 it'll bringing the new form