question about sole custdoy?

Question

if i already am the only parent with parental responsiblity, does this mean i have sole custody? if not on what grounds do you get it?

sorry just noticed spelling mistake an cant change it now!!

so if my ex is violent towards me in front of my child, and messes us about hurting us coming and going as he pleases not helping out with money and cant even buy our child a birthday present! would i get it? and would he have to leave us alone?

we were not married he does not have parental responsibilty

if i cant trust him how can i let him have or take care of the most presious thing in the world to me? he loses his temper too quick evan with my daughter of 3

Answer 1

Firstly I would seek legal advice from a solicitor specializing in family law - depending on your circumstances you may be entitled to legal aid.

As a mother you have PR. The situation with fathers is changing. I can't remember what year the legislation changed however there was a time that you had to be married for the father to have PR. Even if you divorce he still has it.

The legislation did change recently i.e. you no longer have to be married for the father to have legal parental responsibility. As long as they are registered as the father at the time of the birth they have PR.

If your ex wanted PR he could apply to court for it.

So I would seek legal advice to check out your circumstances.

To my knowledge to secure residency of your child you would need to apply for a residence order. This order clarifies PR and secures and who's care the child should be in.

Your solicitor could also provide you with advice about contact arrangements should your partner ever in the future apply for a contact order.

These days the courts look at the matter of contact seriously - it's all about what's in the best interests of the child. Consideration would be given to parents view, also child's view, any risks attached to contact. You can get situations where a child wants contact with a parent who potentially poses a risk. The courts in such situations may put a contact order in place where it's supervised by a contact centre - so the child gets the opportunity to have a relationship but in a safe environment.

Ultimately your best bet is to seek clear legal advice from a solicitor.
Hope this helps

Answer 2

Assuming your in England...
Sole custody and parental responsibility are two different things.
A mother always has parental responsibility! A father will have to apply through the court, unless you are married, in which case both mother and father automatically have parental responsibility. The courts typically encourage this and unless you can prove they are unfit, they will get it!

One of a married couple or one of a couple each having parental responsibility, can apply for sole custody. Again you will have to prove to a court that the other is unfit. The grounds to get sole custody are technical and you should take legal advise, but generally... decisions are made in the best interests of the child. So even if you hate the other persons guts, or whatever history you may have, a court will consider the child's benefit. Even bad men/woman have rights to their children!

Good luck

Answer 3

if you were never married and he hasn't applied for parental responsibility then for all purposes at the moment you do have sole custody, however, your'e ex partner if named on the birth certificate is able to take you to court for his parental responsiblity rights, this doesn't mean he will have custody or even be able to get it, he will however if he gets parental responsibility be able to apply for visitation, unless he has been violent to the child he will get it, but if he doesn't know the child very well you can ask for the visitation to be supervised, you don't say how old your'e child is, but after a certain age the courts take the childs wishes into account more than anything else, my 7 year old and my 12 year old both elected to stay with me, and the court awarded me custody, and i was in a worse postion than you because i had been married to their father, the best thing at the moment if your'e ex is threatening you with something, is wait until he strikes and then see a solicitor, with no pr he cannot see the child or take the child, if he attempts to the police will go and get the child and arrest him, so rel;ax for the time being

Answer 4

Sole Custody is a legal term used to describe the parental relationship in which only one parent has legal rights over the child, and the choices made in regards to that child.

You only have sole custody if you have seen a lawyer, went to court and have been granted the right, otherwise, there is still a parent in the picture somewhere who can step in at any time.

Answer 5

If you mean LEGAL parental responsibility -- the kind you can be stripped of in court, then ask the lawyer you had in court if the other person having been stripped of it also lost custody. It sounds like it would be a given, but there are 50 states, and some have some very convoluted laws.

If you mean, however, that the other parent is just irresponsible, then NO.

Answer 6

Parental responsibility & sole custody are too different things. Unless specified, most parents are given joint custody with the main residence given to one parent. You can only get sole custody if you prove that the non-residential parent is not providing a good environment for your child.

Answer 7

Are you a single parent? I mean were you ever married to the father?
If you were ,and are separated, you still have joint custody unless a court has decided otherwise.
If you are divorced, the same applies.
If you never married the father, You are assumed to have sole custody, unless an order has been made to appoint the father as joint guardian

Answer 8

if you mean that you werent married to the father when you had the child,he/she was born before sept 2004 {i think} then yes you have sole custody and parental responsibility but if it was after this time then possibly not as the law changed giving fathers P.R which might mean they have joint custody as well unless the courts state they dont,get advice from C.A.B to be sure

Answer 9

You only have sole custody if the custody order states that. Look at your custody order (if you have one)...it should clearly state the details of custody.

If you don't' have a custody order, go to the court clerk and get the blank forms and file yourself. It can be done!

Answer 10

if he is named on the birth certificate as the father he has parental responsibility i' afraid. (uk)- does not matter if not married if name written down he has it -sorry.