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    Angel151204's Avatar
    Angel151204 Posts: 2, Reputation: 1
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    #1

    Oct 20, 2011, 03:23 AM
    Obtaining sole custody
    I am a mother of a 8 year old daughter, I would like to know how do I go about obtaining sole custody. She has not seen her father since she was 2 years old and we have no idea where he is now does he attempt to make any form of contact. He does not and never has paid a cent towards maintenance either. Can you please assist?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #2

    Oct 20, 2011, 03:55 AM
    By default you already have sole custody. Why do you think you need to do anything more?
    Angel151204's Avatar
    Angel151204 Posts: 2, Reputation: 1
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    #3

    Oct 20, 2011, 03:59 AM
    I was advise by home affairs that I cannot obtain a passport for her without her bialogical fathers consent. I have also remarried and wish to change her surname.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #4

    Oct 20, 2011, 04:49 AM
    First, any question on law needs to include your general locale as laws vary by area.

    What I would suggest is that your husband petition to adopt the child. This will allow for the change of surname and remove the bio father from responsibility.

    From your wording I'm guessing you are in the UK, so your best course is to consult a solicitor (attorney) who can explain the process to you.

    In any case, you will need a court to give you sole legal custody which means you will probably have to show a good faith effort to contact the father.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #5

    Oct 20, 2011, 05:12 AM
    Agree with Scott, normally the bio father does not owe the child ( or you) anything unless there has been court action to get a order for support. So he has not paid, since you have not legally asked for it.

    Custody is given though the courts, and you must apply for that custody. Attempts will have to be made to locate them and notify them of the legal action.
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