Parental Rights and Responsibilities Scotland, Family Lawyers Glasgow

Having Parental Rights over a child is the recognition of having the power to make appropriate decisions concerning the upbringing of the child for including for example; their education, religion, residence and healthcare. With parental rights come parental responsibilities; essentially the duty to care for and protect your child. Parental Rights are legally distinct from being recognised as a child’s mother or father.

The mother of a child-

• Automatically has parental rights

The father of a child-

• Does not automatically have parental rights.
• If the father is married to the mother or subsequently marries her, he obtains parental rights.
• The Family Law Scotland Act 2006 provided that a father has automatic Parental rights if he is on the child’s birth certificate.

How to obtain Parental Rights?

• Fathers with no Parental rights, Grandparents, Step-Parents, aunts and uncles etc. can apply to Court to be granted Parental Rights over a child;
• By entering into a voluntary Parental Responsibility Agreement with the mother.

In court when faced with an application for Parental Rights, the interests of the child are always honoured as the most important factor in the application.

As well as specialising in matters concerning Parental Rights and Responsibilities we offer a full range of family and child law related services including child custody, child contact and child relocation.

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