I am a stepfather. I have been living with a woman who has 3 children for about 4 years. I have 2 children of my own who also live with us. We are about to get married. Will this give me parental responsibility for my partner’s children? Do I need parental responsibility?
Getting married to your partner will not give you parental responsibility for your step-children (although you will have responsibilities for the welfare of any child in your care and for maintaining any child of the family).
Since 5th December 2005 step-parents and same sex partners in a registered civil partnership can acquire parental responsibility through a formal agreement or court order. However, anyone else who has parental responsibility has to sign the agreement – this will usually mean that the child’s biological father must agree.
You can also acquire it by applying to the court for a residence order or by adopting the children. As a married step parent with whom a child has been living for 3 years you have a right to apply for a residence order. You also have the right to apply if the child has lived with you for at least 3 years during the last 5 years, and within the last 3 months or you are a civl partner and have treated the child as your own. Much will depend on the attitude of the children’s father. If he is not involved with the children, asking for a residence order may be reasonably straightforward (although the father will have to have notice of your application). If he is involved and especially if he has parental responsibility, you would be well advised to try to get him to agree that you should have a residence order. It may help if you explain to him clearly why you want it (for example, to enable you to be fully involved in the children’s schooling or medical treatment) and to offer any appropriate reassurance about his continuing role in the children’s lives. If he has parental responsibility, you would share it with him as well as the children’s mother. In other words it does not take it away from him.
You should take legal advice about the best way forward.
I have been married to my husband for almost 3 years and we have been together for almost 4 years. My children are 11 and 9 years old and both have verious medical conditions. Their biological father has pr as he is on both their birth certificates and we were married (although separated when my daughter was born) in 9 years he has had almost no contact with them. 6 years ago he had a couple of visits with them but it was because his new wife wanted it. They didn’t want to see him then and they still want no contact with him. We live in the uk and although dominican he lives in Germany with his gf and two young daughters. Apart from €200 he hasn’t contributed financially either. Through fb messenger I asked him if he would sign s paper to give my husband pr as well because I believe this is in the best interest of the children with him being in another country, having no relationship with them of contact. He said he won’t sign anything. Is there a way my husband can get pr without his permission? I don’t know where in Germany my ex lives and he won’t tell me. As my children have medical conditions and disabilities I think it is in their best interests. Also he plays the role of father to them and he can’t even sign a school permission slip etc. What are my options?