Tag: children
Q.
I'm living with someone who has a child - am I the step-parent?
A.
If you are living with someone who has a child, and you and the child's parent want you to have a say in how the child is brought up, you can apply to the court for Parental Rights and Responsibilities (PRRs) in respect of the child.
You have certain responsibilities for a child you care for, whether or not you have been awarded PRRs by a court.
If you have accepted a child as part of your family, this acceptance is not dependent on gaining PRRs. PRRs can only be awarded by the court: but the court can also decide that you have accepted a child as part of your family whether or not you have ever applied for or been granted PRRs for that child.
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Q.
What are my financial responsibilities to my partner's child?
A.
If you are living with someone who has a child, and you accept the child as part of your family, you have a duty to support the child - to contribute to the child's maintenance, for example for food, clothing, education, and shelter. This financial support is call aliment. This is not child cupport, which is a benefit owed to the child, normally paid to the parent with whom the child lives, and is paid only by a parent who is not living with the child. See the Child Suupport Agency website for more: www.csa.gov.uk
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Q.
What if my live-in partner or I has a child by donor or adoption?
A.
If you had a child by donor, or if you adopted a child as a single parent, your live-in partner can apply for a co-parent adoption and become the child's second legal parent. But if the child already has a second legal parent, co-parent adoption by your partner would remove the child's connection with the other parent.
The British Association for Adoption & Fostering (BAAF) can advise you with regard to your individual circumstances: the Equality Network strongly recomments you consult the BAAF before taking steps to apply for a co-parent adoption. Their website is @ www.baaf.org.uk
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Q.
What about financial support for our child?
A.
If your ex accepted your children as part of their family, the court can require your ex to continue to financially support your children. Family Mediation Scotland (www.familymediationscotland.org.uk, 0845 119 2020) can help you make arrangements for you, your ex, and the children.
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Q.
What should I consider when creating a will?
A.
In Scotland, if you are not in a civil partnership and are not married, and if you have no children, you can make a will leaving your estage entirely according to your wishes.
However, whatever you leave to your live-in partner will subject to inheritance tax if your estate is valued over the nil rate band. Your house, your pension, and any life insurange, may all be included in valuing your estate. You may wsh to consult a solicitor.
You can write your own will or use will writing kits (make sure they are valid for Scottish law) but we recommend you consult a qualified professional for guidance.
You can nominate your live-in partner as the guardian of your child in your will, and in the event of your death, if the person nominated by you accepts the appointment of guardian, the would then have parental rights and responsibilities for the child. The guardian has to be consulted in major decisions affecting the child and can act as the child's legal representitave.
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Q.
What if we would like to adopt or foster a child?
A.
Any couple living in an enduring family relationship may apply to adopt a child, whether they are living together, married or in a civil partnership.
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