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 Topic: Parental Responsibility.
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31/3/2016 at 1:39pm
Location: East Sussex
Outfit: None Entered
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It depends on all sorts of factors, including:
whether the father was married to the mother
whether he is shown on the birth certificate as the father
if there is a parental responsibility agreement
if he has been awarded parental responsibility by the court
if anyone else has been named as guardian
I know that if the father is not registered as such on the birth certificate and doesn't have a parental responsibility agreement/order, it is damn near impossible for them to challenge the mother's choice of guardian after her death, to get residence or even contact.
A friend was told by his solicitor to put his house on the market if he wanted to challenge his ex's choice of her parents as guardians, because the fees would run into 6 figures. They had never been married, and he was overseas when the child was born, so wasn't on the birth certificate (although he could have been added later, but he didn't know that).
About two years after they separated, she became very ill and died within a few weeks of diagnosis. She had appointed her parents as guardians and they won't let him see his son, because they blame him for her death. He's currently going through the courts to get an order for DNA testing to establish paternity, then he may apply for a parental responsibility order.
I think you need proper legal advice, it can be an absolute minefield.
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