What Are The Legal Rights of a Father?
As a general rule the mother will always have what is referred to as ‘parental responsibility’ for her children regardless of the father’s presence or absence. This is something that many think needs to be addressed by the government and legal institutions of the United Kingdom.
What are My Rights as a Father?
Unless you have entered into a specific agreement with the mother of your child (or children) known as a Parental Responsibility Agreement then generally your rights are few it has to be said. There are exceptions to this however which include the following:- If the child was born on or after December 1st 2003 and you are named on the birth certificate as the child’s birth father
- If a Parental Responsibility Agreement is signed
- If the birth certificate for the child held no father’s name but was later renewed to show yours
- If a Magistrate or Justice of the Peace (JP) at the Family Court has granted you parental responsibility or an order of residency
I Want to Enter Into a Parental Responsibility Agreement – Is This A Good Idea?
If you want to have a say in your child’s (or children’s) upbringing then yes it is a good idea. It is unfortunate that sometimes relations between both parents become so strained that the children will become the unfortunate tools that are used to hurt each other. If both parents can enter into such an agreement then it ensures that both parties have a say in how their child (or children) are brought up. This does however not cover the day to day living arrangements etc but only larger concerns such as what school they should go to, what religion they should be taught, etc.In many cases the parents’ split is an amicable one and there is no need for such an agreement but –as we have already mentioned – sometimes it is necessary if a relationship has turned sour and neither party can agree without the intervention of the courts.
Financial Responsibilities
You have a financial obligation to help provide for your child’s (or children’s upkeep). As any parent can vouch bringing up a child (or children) is not cheap and if a relationship breaks down then you have to expect that you will be required by law to pay something towards caring for your child and providing them with what they need.This can be done by mutual consent between both parents – and if this is agreed upon it is important to have some written agreement so that all parties concerned know exactly where they stand – or it can be handled through the Child Support Agency.
The Child Support Agency require that you pay fifteen per cent of your net income towards your child’s care and this increases to twenty per cent for two children, twenty five per cent for three children and so on.
Visiting My Child
If you are named on the birth certificate as the father of the child (or children) then you have a legal right to see your children. This is sometimes tested to the limit if parents split under less than agreeable circumstances and it can ultimately mean the involvement of the courts and family services to help mediate towards agreeable visiting rights for the father be they in the presence of the mother or otherwise.If you are in any of the above situations and feel you need advice it is wise to contact the Citizen’s Advice Bureau or your local family services court for more information and support. It should be noted however that it is best – where possible – to try and resolve any issues between both parents with resorting to courts and solicitors as this can be as traumatic for the child (or children) as it can be for the parents.
Related Articles in the 'Parent's Rights' Category...
- Adopting a Child
- Applying for Custody
- Changing a Child's Surname
- Child Support Act
- Child Surrogacy and The Law
- Contact Orders & How They Affect Parents
- Family Proceedings Court
- Paying Maintenance or Child Support
- Prohibited Steps Orders and Their Effect on Parents
- Residence Orders
- Single Parents' Rights
- The Laws Surrounding Dependency Leave for Parents
- The Laws Surrounding Paternity & Maternity Leave
- What Are The Rights of Foster Parents?
- Your Rights as a Guardian
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