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Two dads with parental responsibility
#1
Hi All,

Apologies if this has been asked before but I couldn't find an answer to it.

So the situation is this. I was with the mum of my son when she got pregnant, but then she left to go back to her ex (whom she had two girls with previously) half way through the pregnancy. They married whilst she was still pregnant, which I think means that he was granted automatic parental responsibility when the child was born. Now, they've split up since then and she's with another guy who she's had another child with. I wrongly presumed the baby was not mine due to the circumstances but I had a DNA test done anyway and it turns out the baby is mine. When the baby was born, I was registered on the birth certificate as the biological father.

My son is 6 now and I've been in his life since birth. However, I take a backseat to the other father (the ex she married but then left) with respect to access rights. I'm regularly told that I can't see my son because the other guy is having him. I accept there's not much I can do about that. My question is though, what happens to child maintenance payments when there are two fathers who both share parental responsibility and who both see the child on a regular basis? Are they both treated as independent people who must pay the full share of child maintenance? This other guy isn't paying anything towards my son so he's kind of shirking his financial duties. I imagine he's paying something towards his girls though. I've been making regular payments since birth but I wonder if the other ex should be paying towards child maintenance instead of me being the sole contributor. Or does the biological father trump the non-biological father in this situation, even though I get less access?

Thanks for any advice.
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#2
To my understanding parental responsibility has zero to do with it. The biologically parents only are liable for child maintenance.

Ask her to set a schedule of time with both you and the other guy, otherwise a court order would do that but God knows how that would work as parental responsibility does have significance in court.

Check the cms calculator to see if you are paying appropriately. Maybe have a word with the other guy?
But access, as you put it, also has nothing to do with CMS, you would need to pay even if you didnt see child. If you had child overnight then that would make a difference in CMS payments.
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#3
(08-20-2018, 01:44 PM)JRyder Wrote: Hi All,

Apologies if this has been asked before but I couldn't find an answer to it.

So the situation is this. I was with the mum of my son when she got pregnant, but then she left to go back to her ex (whom she had two girls with previously) half way through the pregnancy. They married whilst she was still pregnant, which I think means that he was granted automatic parental responsibility when the child was born. Now, they've split up since then and she's with another guy who she's had another child with. I wrongly presumed the baby was not mine due to the circumstances but I had a DNA test done anyway and it turns out the baby is mine. When the baby was born, I was registered on the birth certificate as the biological father.

My son is 6 now and I've been in his life since birth. However, I take a backseat to the other father (the ex she married but then left) with respect to access rights. I'm regularly told that I can't see my son because the other guy is having him. I accept there's not much I can do about that. My question is though, what happens to child maintenance payments when there are two fathers who both share parental responsibility and who both see the child on a regular basis? Are they both treated as independent people who must pay the full share of child maintenance? This other guy isn't paying anything towards my son so he's kind of shirking his financial duties. I imagine he's paying something towards his girls though. I've been making regular payments since birth but I wonder if the other ex should be paying towards child maintenance instead of me being the sole contributor. Or does the biological father trump the non-biological father in this situation, even though I get less access?

Thanks for any advice.

There is a way forward, but you will need a Solicitor.

Apply to have PR removed from him, as evidance exists what shows he is not the natural father.

In terms of contact, you have a right to 50% of the weekends and school holidays. What your ex does in her 50% of the time is up to her.
Posts made by me are my opinion and any factual information should be checked out. If you do not have a Solicitor, often your local CAB can get you some initial advice.
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#4
Thank you both for your responses. It gives me some food for thought, although sometimes in these situations, I guess it's best not to rock the boat too much, especially when I have a semi-decent relationship with the mother at the moment.
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#5
Relationship with your kids is more important than softly softly
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