anyone know about scottish family law??

sorry to be a pain, i have posted about this before a while ago but i cant sleep for worrying about it, and i thought maybe be some new people might have joined who might know about this or know someone in this here goes.....

i have a 3 yr old girl, her real dad and i have never lived together, altho were a 'couple' til she was 3 months old, i met my now husband when she was 8months old and we got married when she was 2, so he has been a major part of her life. i am now 5months preg so she will soon have a bro or sis too.

her real dad's name is on her birth certifiicate, altho she now has my married name as we changed her name officially, her real dad has no parental responsibility cause at the time she was born, being on the certificate didnt automatically give him responsibility.he sees her 2 afternoons a week, and pays towards her but here is no legal arrangement.

what i want to know is what something happened to me (i died to be specific), would she be allowed to stay with her step dad and bro/sis? her real dad says he would fight to get her, but to me, this is just upsetting her wee life, as she has never even stayed overnight at his and he has to bring her home early a lot cause she crying to get home. etc...altho i have no reason to say he treats her bad or anything.

also would my husband be able to get paretnal responsibility as her real dad has never tried to get this?

i will be phoning for legal advice on monday becasue i only today found out that her real dad would actually fight to get her, when i kind of thought he would see it best for ther to stay here...real dad's words were, "dont be stupid laura, im her dad he's not" its more like a possession issue i feel!!

anyone any thoughts??

sorry but i have been crying all day about this and it is my BIRTHDAY!!!;19;29/st/20080523/dt/5/k/1ec5/preg.png


  • Hi there,

    I'm currently a Scottish law student and have completeted this course so I can give you some basic info although you should obviously see a solicitor.
    As the father signed the certificate before May 2006 he has no automatic rights and to get these you must BOTH agree to sign a Parental Rights agreement form so he cannot do it alone.

    If something were to happen to you without this being signed (touch wood) as far as i am aware the child would continue to live with your current husband until the rights were applied for, but in applying for them the court would look to the child's best interests, i.e. their views would count and there is a big emphasis these days on 'status-quo' where it would go very much on your husband's side as the child is settled and happy living with him. Therefore unless it could be proved that it would improve the child's life to move homes then it likely would't be done. It may seem unlikely but it seems from recent cases in court that they are very reluctant to disrupt a child's life by moving carer's/houses. he would likely just get access, especially due to the fact she would have another bro/sis and the fact that he has never bothered before to get the rights.

    So i wouldn't get yourself too worried until you have spoken to a solicitor (you may ahve already) as it seems the odds are against him being her full time carer.

    Hope this makes you feel a little better xx

    [Modified by: lilyloo on January 07, 2008 10:16 PM]

    [Modified by: lilyloo on January 07, 2008 10:17 PM]

    [Modified by: lilyloo on January 07, 2008 10:17 PM]
  • You've probably managed to speak to someone by now but if lilyloo is right and he has no automatic rights then I would think that if you make a will including what you would like to happen then the court would take that into account as well when making a decision and would almost certainly let her stay with your hubby.
    Hope you have managed to speak to someone and set your mind at rest.
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