2007-02-17 20:38:46 · 10 answers · asked by blobber321 1 in Politics & Government ➔ Law & Ethics
your legal rights depends on whether or not you have parental responsibility ie were you and the mother married at time of birth or afterwards?
Also important do you have contact with the child? plus the child's age will be taken into consideration, as well as their current circumstances ie who they are living with now.
i would advise you to see a local solicitor for a free initial interview for advice - most high street solicitors offer this and you are free to try them all if you want different opinions.
to find a solicitor in your area who specialise in family law use this link to the community legal services' website, you can also check if you are eligible for legal aid, http://www.clsdirect.org.uk/index.jsp
2007-02-17 20:53:48 · answer #1 · answered by just trying to make a difference 5 · 1⤊ 0⤋
Paternity (or "parentage" is the new term now used) gets complicated pretty quicky. Lot's of things can play an important part: 1) biology, 2) holding yourself out as a parent, 3) acting as a parent, 4) providing support, 5) putting your name on the birth certificate (or trying to) 6) giving/paying support (or trying to). 7..) other stuff to detailed to mention here ....
How this works varies greatly from one state to another, so you need to talk to an attorney in your state ASAP.
Just so you know, the trend is going AWAY from just treating it as a simple matter of biology. Here in California, (like some other states) we have case decisions awarding parentage to people who are NOT bioloigcally related to a child. Usually, in those cases, there was someone (aka a "dad") who ACTED as a parent (feed, bath, bought things) and often the child looks to this person AS a parent. In such cases, the courts have been unwilling to sever an existing "parent/child" relationship simply because a guy comes forward and thinks he may be the biological father.
My advice is, if you WANT to be the father 1) talk to a local attorney about your local laws and 2) start ACTING like a father as much as you can ... it will help your effort for the court to recognize you as such.
Hope this helps!
2007-02-17 21:05:52 · answer #2 · answered by Casey88 2 · 0⤊ 0⤋
Think you mean paternal rights. If you are in the UK it all depends if you are named on the birth certificate. And also when the child was born. If you have no paternal rights and the mother has stated on her will that you are not to be the childs primary carer and there are other family that have been named and willing and of course able to look after the child then you may have a bit of a fight on your hands. Also if the child is over 12 then he/she does have a bit of a say in the matter. Find a GOOD family law solicitor, they may offer you a 30 min free session and possibly legal aid. Good luck x
2007-02-17 20:55:21 · answer #3 · answered by pinkkitten 3 · 0⤊ 0⤋
It depends on when the baby was born (the rules about parental rights have recently changed if your name is on the birth certificate) It also depends on whether or not you were married to the mother, or if any court orders about access, residence etc already exist.
If theres any dispute the court will take into account the childs current circumstances, the age, the childs wishes, your circumstances, past contact with the child and so on. (UK)
The overiding ethos of the court is to do what is in the childs best interest.
2007-02-17 20:43:48 · answer #4 · answered by jeanimus 7 · 0⤊ 0⤋
Complete custody of a child as long as the child is not residing with the mothers new hubby for a long period. a court will usually go with the whole, well if it's working right now leave it alone.
2007-02-17 20:41:28 · answer #5 · answered by Anonymous · 1⤊ 0⤋
Depends if you are the Bio.. Father, If not then you have no rights. Are you concerned about an estate/ Money or children? You can Adopt but I have a feeling your concerns are about Financial gain..
2007-02-17 20:43:10 · answer #6 · answered by Anonymous · 1⤊ 0⤋
You have no biological rights, but you probably have some legal rights dependant on your personal situation.
2007-02-17 20:40:53 · answer #7 · answered by Anonymous · 0⤊ 2⤋
your biological rights? I'm not familiar with that term, I'm sorry.
Legal rights are another story.
I'd talk to a lawyer.
2007-02-17 20:41:33 · answer #8 · answered by Anonymous · 0⤊ 2⤋
not alot. Much depends on what her will states and how well you knew the child and what the court makes of the facts
2007-02-17 20:41:15 · answer #9 · answered by rose_merrick 7 · 0⤊ 2⤋
Go get your kid!!
2007-02-17 20:43:54 · answer #10 · answered by Anonymous · 1⤊ 0⤋