Areas of Law / Divorce and Family

Do I have any legal right to custody of my four-month-old son, or only the right to see him? My ex-partner has gone back to live with her mother 15 miles away, and although she says I can see my son at any time I have no transport! She isn’t even looking after him: he’s being cared for by my ex-partner’s family since she has gone back to work full time.

You could apply to the court for your son to live with you, but you must have very strong arguments for doing so. Discuss this with a solicitor. The fact that you have no transport will not be seen as a good reason, nor will the fact that your son is being cared for by your ex-partner’s family during weekdays, since the courts are keen to encourage family networks.

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