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who would children live with

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03 May 12 #328110 by survive
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Hi all,

this is just a hypothetical question on behalf of a friend.....


Two children, one from the couple, one from a previous relationship. Ages 6 and 8.
Parents are not married. * year old, was brought up by the father as his own, but no legal documents signed.

Parents have split. Children reside with mother, but lots of contact with father, non court ordered.

Mother has medical condition which could require hospitalisation etc. Mothers parents have threatened father, saying the children would live with them.
Father, of course does not want this, and is trying to make forward arrangements re: work etc.

Legally where does he stand? Would only the youngest child, who is theirs be able to live with him. Can the mother split the children up?

Thanks
Survive x

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03 May 12 #328136 by u6c00
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A horrible situation, and one that I can''t really give any expert opinion on.

Could you give a little more detail though? The medical condition, is the hospitalisation likely to be short or long term, or indeed if the mother has a terminal condition?

Also, has your friend been having contact with the non-biological child? Is the biological father in the picture?

I don''t think in court that the fact of not being the biological father would make a lot of difference in many cases. Essentially (if it went that far) the court would be being asked to choose between 2 homes where no one has parental responsibility.

My advice, if the care is likely to be short to medium term, would be to contact NYAS and see if they can help by providing an advocate for the child/ren. 8 is probably old enough for their feelings to be given weight (though 6 probably isn''t), but it would be difficult for anyone involved to establish those feelings without someone impartial.

Try to avoid turning it into an argument, especially if this is a temporary issue, it won''t do any good for the children or for the relationship between the parents.

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03 May 12 #328251 by survive
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Hi, thanks for the reply

Yes, contact has remained with both children together, sometimes even just the non-biological one alone.

I can''t really comment on the hospital etc, as I don''t really know, other than alternate care may be needed.

Biological father, has in frequent contact, due to distance of home. Would not be able to move nearer, i doubt, as has new family.

What is NYAS?

As for the argument part, I agree, however this is nothing to do with me at all. I just said I would try and find out the legal implications for someone I know who does not have a solicitor.


Does any other wiki''s know the legalities of this?

Survive

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04 May 12 #328290 by u6c00
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Hi

Sorry I got confused with my reply. Of course it''s not you that''ll be arguing! Apologies.

NYAS is National Youth Advocacy Service. They sometimes represent children in important dealings with courts, custody, social services and other things like that. Their website is www.nyas.net/

Hope that helps

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