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


  • Hiya laura, sorry i cant help you with this. But just wanted to wish you happy birthday xx

  • the best thing for you to is see a soliciter and write up a will love, if your husband can keep her they will tell you, if not if your parents are around you can ask them if they would become her legal guardians if anythin gshould happen to you tha way your husband would remain in her life howevere up set you are you must also stipulate that her father has visitation or it looks bad for your family. my mum went through all this with my younger sister and her dad. xxx

    hi thanks, yeah i would always say that she should still have contact with her dad just the same, i just would want her life to be as much the same as it can be, i am not doing this to but him out her life or anything. i just want to ensure her life is stable as it is just now and would not be with him.
  • Although the law changed at the end of 2003 giving fathers parental responsibility in england this didnt happen in scotland. you are the only one with rights to your child at the moment from what i understand.

    [Modified by: Nicospoon on January 06, 2008 05:56 PM]
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