Guardianship rights.

Baldie

I have a 5 year old son. He's 6 this month. He lives with his mother and we get on well. My name is not on the birth cert because we were 18 when he was born and thought that she wouldn't get her single parents book if my name was on it. (We (I) know better now).
She has two more kids form another man and they live together. If they get married will he get guardianship rights over my son? If he does, then where does that put me?
I have been thinking about asking her for this for a while, but I now if I do all I'll get is, "Why?" "What are you up to?" and she'll think I'm up to something devious to try and hang her or something... which im not.....

Please help....

Nevyn

You can apply to have your name added to your sons birthcert.
Do do this there are forms that can be signed and you can have his birth registered.

how to

You can apply for guardianship of the child even if your name is not on the birthcert. see here
This means legally you have input into the big decisions in the childs life.

Seems like you are worried that as your name is not on the birthcert that
her husband may choose to adopt the child.

In situations where the father has been appointed joint guardian of a child, then his consent is required for certain things relating to the child's general welfare and other items. (For example, for passport applications for the child). Read more about passports for children of unmarried parents here. The father's consent is also required for the adoption of the child by another couple (or by the mother and her husband). Read more about adoption on OASIS here .

Baldie

Thaed wrote:

Seems like you are worried that as your name is not on the birthcert that her husband may choose to adopt the child.

Yes I am....... He's my son and I don't like the fact that there's another man raising him for most of the week. But that's life isn't it.

Thaed wrote:

You can apply to have your name added to your sons birthcert.
Do do this there are forms that can be signed and you can have his birth registered.

how to

If I wanted to give my son my name as well as hers then what way would it have to be put down on the cert? I want him to keep his normal name for school and stuff, because he knows his name and who he is, and I don't want to be confusing him. I want to have him down with a double barrel surname, if ye understand me...

would it go:

Forename - Her Surname - My Surname?
or
Forename - My Surname - Her Surname?

Hobbes

If your name goes on the birthcert you will be expected to pay towards that childs life.

Nevyn

I don't think the name of the child can be changed once the birth is registered;
Unless you are willing to pay to have it legally changed by deedpoll.
Adding you name as the father of the child is adding to a blank feild on the cert
not changing it.

You may need to get legal advice before going any futher, and sit down and
have a talk with the mother of your child about why you are doing this.
IF it is because you want to take an active part in your son's life and make it
better and contribuate to him growning up in a wonderful enriching way great;
and hopefully not beacuse you are trying to ruin them playing happy families
as they are looking to formalise thier relationship by getting married.

Baldie

Hobbes wrote:

If your name goes on the birthcert you will be expected to pay towards that childs life.

I am paying towards my son's life, and I have done for the last 6 years!! I see my son all the time and pay maintenance every week through direct debit!

Thaed wrote:

I don't think the name of the child can be changed once the birth is registered;

Under the Social Welfare (Miscellaneous Provisions) Act 2002, it is now possible to change the surname of the child where a couple are re-registering a birth in order to add the father's details...

Thaed wrote:

IF it is because you want to take an active part in your son's life and make it better and contribuate to him growning up in a wonderful enriching way great.

Why else would I want to do this? I want to have a say in my son's life.

Thaed wrote:

and hopefully not beacuse you are trying to ruin them playing happy families as they are looking to formalise thier relationship by getting married.

I have no problem with them playing happy families. Im glad that my son is in a loving household and it feels to him that he does have a family.

Nevyn

Under the Social Welfare (Miscellaneous Provisions) Act 2002, it is now possible to change the surname of the child where a couple are re-registering a birth in order to add the father's details...

Great.

I do think are you are right to secure your position position legally in reguads
to your son and that it is wonderful you seem to have everyting else worked out.
I do think that more people a child has in thier lives that love them the
richer a childs life can be.

I hope this goes well for you and with the least ammount of fuss.

Baldie

If she sits down quitely and is willing to talk about it then that's half the battle...

Baldie

If she sits down quitely and is willing to talk about it then that's half the battle...

Thanks Thead

Baldie

Ok guys, a bit of an update here.
Still no name on the birth cert but they are getting married in May, and she has just told me that he will be named as the childs legal guardian. So if anything happens to her the three boys (two from him), will stay together and I will see my son as normal. She said after they get married and this is done, my name be put on the birth cert. I was onto the citizens advice bureau but they couldn't give me much, just the same stuff as the oasis.gov site. There will be a free solicitor to give advice in the citizens advice centre on Wednesday so I'll be calling into him.

But can this be done? Can he be named as the legal guardian of my son when they get married?

Nevyn

You NEED to get your name on the birthdcert, many differnt people can be named legal gaudrian of a child for many reasons but with her spouse who the child resides with being made legal gaudrain and with your name not on the birthcert if anything was to happed to her, her spouse would get custody of her/your child.

It really seems like you need to get this sorted and a solicitor will be able to advise you better.

Kildrought

Correction required on some of these posts - having or not having a fathers name on the birth cert has no impact in relation to legal guardianship.

You can apply for guardianship of your child at any time. Your former partner is correct in that siblings who have been raised together will not be separated in the (unlooked for) event of the death of the child's natural parent.