Single Parents' Rights

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It is not uncommon these days to find parents bringing up children alone as a result of divorce or simply because the parent has no partner to speak of.

But it is important to understand what rights you - as a single parent - have and how you should exercise them as and when required.

What Constitutes a Single Parent?

A single parent is a parent who lives alone with their children and is responsible for their day-to-day upbringing, well being and other needs just as a set of parents would be responsible if they were together.

Circumstances often dictate whether or not a parent will become single - and indeed remain single - but through this period of singular parentage they are entitled to help and assistance if required as well as financial assistance from the other parent if they are not living at home.

Helping with Expenses

If a mother lives alone with her children then the father of these children is responsible in the eyes of the law for contributing to their clothing, footwear and educational expenses. He may choose to come to an understanding with his partner whereby a set amount will be paid either weekly, biweekly or monthly within having to resort to legal enforcements being issued.

A father may deem it appropriate to ensure that his children are also living in a home that is - in his own estimation - fit for them and may contribute to the paying of a mortgage and/or rent.

Such agreements are best made without the influence of courts or government agencies but it is wise to seek some written agreement in addition to a verbal in case of a dispute which ends in court proceedings being filed.

Visiting the Children

The law states quite clearly that each parent has the right to see his or her children after a split has occurred. The only circumstances that may prevent this is if there is a legitimate concern that said parent may try and remove the children to a location where they can't be found.

If there is a genuine concern that this may take place then the court will order that visiting is carried out at a location where others can be present to supervise.

Applying for Custody

A single parent - especially if he or she does not live with their children - has the right by law to apply for custody of the children. However this is normally awarded to the mother unless there are firm grounds that the mother is not considered to be fit to take care of the children.

You should note also that custody hearings may take considerable time to arrange and there will be required visits from the Family Proceedings Court to assess how the children are carried for.

Child Care and Benefits

Being a single parent can be an expensive and demanding task and there are provisions made for assistance with Child Care. It is normal to find that single parents work during the week and therefore need to call upon a childminder for support and your local authority will have a list of registered childminders from which you can choose.

Also as a single parent - especially on a low income - you can apply for Child Benefit and Working Tax Credit (previously known as the Working Families Tax Credit). You may also be eligible for a reduction in the amount of Council Tax you have to be but it is important to note that not all of these benefits are available to all single parents.

You should contact your local council, local authority and Her Majesty's Revenue and Customs (HMRC) for more details. You can find details of Working Tax Credits on Her Majesty's Revenue and Customs' website at www.hmrc.gov.uk.

You should seek independent professional advice before acting upon any information on the LawAndParents website. Please read our Disclaimer.

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