i currently live with my child and fiance' who is not the childs mum but looks after him as he were her own. my question is;.- as the court appearance is very soon , what is the quickest way to make my fiance a legal guardian of my son and stay living in the home we live in as the home is soly in my name , incase i get sent down . i have no family to look after him and his natural mother left when he was born , she is not allowed near him due to having serious problems of her own. i have full custody of him and my surname is on the birth certificate, is there anyway round this without social services doing their worst?
2007-01-20 07:24:04 · 9 answers · asked by D 1 in Family & Relationships ➔ Family
Social services will not become involved all you have to do is go to your local courthouse and apply for to adopt him if the birthmother does not contest this then there will be no prob. alos you could get married real quick and that will give her rights, also you can sign over a power of attorny at a lawyers office and that will give her temp say of gaurdinship.. hope this helps
2007-01-20 08:16:37 · answer #1 · answered by siobhan_michele 2 · 1⤊ 0⤋
I'm not 100% sure but I think if you have lived together for some time your Fiance is in basic terms your common law wife and so you should not have a problem with the child being cared for by her, whilst you are 'away'!
Pretty sure there was a case like this a year or two back and the authorities wanted to take a child into care but this was refused by the court as the child had the defendants common law wife to act as guardian!
The courts are only interested in the fact that the child will have a secure and caring guardian and will not upset the normal day to day life of the child unless there is a danger that the child will not be cared for or is at risk!
If you have any doubts at all - contact Citizens Advice Bureau - they will be able to guide you as to what course of action to take, if any is needed!
2007-01-20 07:39:13 · answer #2 · answered by jamand 7 · 1⤊ 0⤋
Best thing is to ask your solicitor. Effectively your fiancee is his usual carer. Long-term, would your son's natural mother agree to your fiancee adopting him?
The shorter your prison term, the better, so be as polite and respectful to the judge and all at court as you can, as hopefully the judge might give you the shortest term he can, or even make some other order. Why don't you ask your solicitor if it's possible to request the judge to impose a non-custodial sentence, such as community service? The prisons are already badly overcrowded and if you're not a threat to society then an alternative to prison would be much more constructive in so many ways.
You could ask your solicitor about drawing up some kind of Power of Attorney whereby you appoint your fiancee to take care of your affairs in your absence - it may be possible to have this operating only during the period of your sentence.
The best thing really would be for you to ask your solicitor how best to ensure your son remains with the only mother he has ever known.
2007-01-20 22:19:09 · answer #3 · answered by Specsy 4 · 0⤊ 0⤋
I am not sure but you would be best to call a lawyer that deals with family law and get advice form there, really with a court case coming up soon then you need to call them asap. Also talk to your fiancee and make sure that any of her worries or concerns are answered aswell. Incase your sent down then I would make contact with your sons, nursery or school and inform them that you may not be around for a while due to personal problems but that you give your permission for your fiancee to be treated as your sons guardian. I would also do the same with your sons doctor as you want to be safer than sorry. As for the housing situation if your in a council property then call them and ask about getting your partners name on the tenency agreement or at least explain the situation to them and they will be able to give you the correct information/advice. I fits a bought house then contact your mortgage lender and explain to them that your fiancee lives with you and you wish for her to be included on the deeds so that she will have the right to stay there should you get a jail sentence. I hope it all works out for you.
2007-01-20 22:23:47 · answer #4 · answered by thedaddy 4 · 0⤊ 0⤋
Ifeel for you and know how frantic you must be feeling, i dont want to know what you have done to get a prison term but one thing i hope it will not happen again and learn by it.
I cannot see why your fiance will not be allowed to look after your child but im sure that social services will intrevene but may not be all bad as you think.
providing the rent etc is paid up and in advance i cannot see them doing anything talk now and get this all sorted.
I see your feelings for your child but what about your fiance.
2007-01-21 02:06:37 · answer #5 · answered by SAMANTHA H 3 · 0⤊ 0⤋
Your best bet is to call citizens advice or have an appointment at a solicitors specialising in family law - most solicitors will offer the first hour free. They will at least me able to give you some guidance, there may also be some useful links on www.direct.gov.uk Good Luck and stay strong
2007-01-20 10:08:19 · answer #6 · answered by Suze B 2 · 1⤊ 0⤋
You could pretend you dont have a fiance' at court, but let them know about the mothers situation. I don't think they will put you inside then as it would be against the interests of your kid.
2007-01-21 08:01:42 · answer #7 · answered by Anonymous · 0⤊ 0⤋
Im not sure but I think that u can go to citezens advice or maybe a solicitor to get things drawn up...have proof that she lives with u and cares for him....thats wot id do.
2007-01-20 07:34:15 · answer #8 · answered by Jp 3 · 2⤊ 0⤋
have a word with SS and tell them that you want him to stay with your fiance' till you get out because theres no one else to take care of him, have her confirm this too..he has a stable home so i don't think there should be a problem....also when you get out...marry that girl as fast as you can...she's one in a million.....good luck...next time hun...don't get in this situation.....
2007-01-20 12:13:06 · answer #9 · answered by Anonymous · 1⤊ 0⤋