Discussion last night.

[BensGrandad]

A few of the family were having a discussion last night and I would be glad of NSC views.

Boy and girl get together dont get married and have 2 children then split Girl gets new fella and they live together for 8 years boy still see children 2 or 3 times a week at his parents house. If both boy and girl died who would take control of the children if nothing was in writing and the children were still hardly teenagers. (a) The step father due to his time with mother (b) Parents of the natural father ie their grandparents, due to the blood relationship. Not knowing, my thoughts were that the stepfather by virtue of being common law husband of their mother would get custody.

 

[Camicus]

Depends on if Boy A is a dick about it and takes them from there home legaly step parants have no rights unless signed over

 

[Thunder Bolt]

The step parent has to legally adopt the children to have any rights. It's also possible the female's parents ie. maternal grandparents would have more access than the paternal grandparents.

 

[BensGrandad]

The children live at home in their original home, dont see how boy A as you put is a 'dick' relationships break down. This is the situation of a couple of which the boy is the son of a friend of the family. We were discussing what the friends position would be if the childrens natural mother and father died. Would the friend get her grand children or the stepfather is there a legal precedent. The friend and her husband are the only grandparent as the girls parents have split up and 1 passed on. The other has no contact with the children.

 

[Camicus]

Meh he walked out on his family and they were raised by a step parent to take them out of there home and school after losing there mum and undergoing a massive traumatic change is a dick thing to do.

 

[sully]

Meh he walked out on his family and they were raised by a step parent to take them out of there home and school after losing there mum and undergoing a massive traumatic change is a dick thing to do.

What a stupid comment.

Where does it say he "walked out on his family"?

They are still his kids and he has maintained contact with them. You sound like the sort of dickhead that would refer to him as an "absent" father.

Anyway, the question was what if both the natural parents died. The answer is that the step-parent has no rights unless they have legally adopted. And so it should be. If the grand-parents had any sense, they would not then move the children from their new home unless it was the right thing to do for everyone involved, but particularly the children.

I imagine that situations like this are very rare and it's never going to be great for the kids whatever the outcome if they have lost both their parents.

 

[Simster]

Meh he walked out on his family and they were raised by a step parent to take them out of there home and school after losing there mum and undergoing a massive traumatic change is a dick thing to do.

Stop making shit judgements and stick to the facts.

The bottom line is that a natural parent has custody over a step-parent unless there are very specific circumstances, which is surely the way it should be.

 

[hans kraay fan club]

There are no set 'rules', just various guidelines. The courts and social services would make a decision based on the facts and circumstances of each individual case.

 

[nwgull]

For what it's worth: common law husband/wife has absolutely no legal meaning in UK law. It's an often made misconception that living with a partner gives the same legal rights and implications as marriage.

 

[Westdene Seagull]

Meh he walked out on his family and they were raised by a step parent to take them out of there home and school after losing there mum and undergoing a massive traumatic change is a dick thing to do.

It must be nice having such a perfect life !

For what it's worth: common law husband/wife has absolutely no legal meaning in UK law. It's an often made misconception that living with a partner gives the same legal rights and implications as marriage.

But strangely, the moment you claim something from the government it has a huge meaning.

 

[glasfryn]

What a stupid comment.

Where does it say he "walked out on his family"?

They are still his kids and he has maintained contact with them. You sound like the sort of dickhead that would refer to him as an "absent" father.

Anyway, the question was what if both the natural parents died. The answer is that the step-parent has no rights unless they have legally adopted. And so it should be. If the grand-parents had any sense, they would not then move the children from their new home unless it was the right thing to do for everyone involved, but particularly the children.

I imagine that situations like this are very rare and it's never going to be great for the kids whatever the outcome if they have lost both their parents.

sounds like he/she might be a social worker
and that maybe you should be
good post

 

[seagullsovergrimsby]

The argument has to be over which set of biological grandparents have a stronger claim to custody and accept suitable access arrangements for the other grandparents.

 

[Chicken Runner61]

The answer is whoever the courts decide who the child/children shall live with.

For example If a bloke meets a woman with children and cares for them paternally he can ask for the children to live with him should something happen to the mother. Even if the real father still had contact it wouldn't mean the children would automatically go to him, it depends on who is seen to be the person most able to care for them.

On the other side I know a bloke who had a child with a woman when they were living in India and she (the woman) died in childbirth. He had enormous problems bringing the child home to the UK and the womans mother had to go over India to help get custody. When they came home all was ok but a few months later when he met someone else the grandmother flipped and tried to get the child from the father (she didn't want her grandchild being brought up by someone else)

After some wranglings the court ruled the child should stay with the father but it was touch and go.

 

[Cheshire Cat]

http://www.cafcass.gov.uk/

The court would determine what is in the best interests of the children.

 

[Marc1901]

If they're old enough let them make their own mind up?

 

[The Modfather]

The argument has to be over which set of biological grandparents have a stronger claim to custody and accept suitable access arrangements for the other grandparents.

Exactly what i was thinking. Supect that it would be the parents of the mother. Just a hunch

 

[Wozza]

....

 

[drew]

The advice is that the natural parents need to get their heads together and make wills. Whatever assets they both have should be put in trust for the benefit of the kids and they should decide who becomes the legal guardians, whether that be the step father or either pair of natural grandparents. Obviously, as they aren't together then they are unlikely to die at the same time so the surviving parent could change their will subsequent to the death of the other, but's that life!!!!

Foolish to leave it.