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Maverick, Lawyer
Category: Family Law
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Experience:  20 years of professional experience
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Please can you tell me this An English unmarried couple have

Resolved Question:

Please can you tell me this
An English unmarried couple have a baby but if the woman wants to leaves the man, at some stage does the man have responsibility for the welfare of child ?
Can he claim the right to bring up the child ?
Submitted: 6 years ago.
Category: Family Law
Expert:  Maverick replied 6 years ago.

Welcome to Just Answer! My name isXXXXX very much enjoy what I do and I hope that you will benefit from this information.


Yes, he has a duty to support the child financially if it can be proven that he is the father or admits that he is the father.


Yes, he has a right to have a say in the upbringing of the child so long as he is not rendered to be an unfit father. He may have visitation rights also, if the mother is deemed to have full custody.



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Customer: replied 6 years ago.
If the couple were married instead of living together would that give the father more rights to keep the child to bring up?
The woman in question is wondering if she should marry the father only to protect her child's welfare which seems odd but the fathers temprament can be very difficult but she will do whats best for her child. They live in Italy but are English nationals
Expert:  Maverick replied 6 years ago.

If the couple were married then the mother and father would have equal rights. If they remain unmarried, usually the mother has more rights but there is a possibility that both would have equal rights as well.


If the father's temperament is in question, then it may be best to remain unmarried ans the mother should get sole physical custody of the child while the father has visitations rights. In other words the child would live with the mother most o the time and the father would get some time with the child and the father would also pay the mother child support every month.



Customer: replied 6 years ago.
Is the marriage law in Italy any different to the English law?
Customer: replied 6 years ago.
Is the marriage law in Italy any different to the English law ?
If they married in Italy would there be more diffficulties for access if they seperated? Both being British I assume they would be under British law but if the marriage is in Italy are they under Italian law as they live there Thank you for your help you have been so kind to answer these complicated questions
Expert:  Maverick replied 6 years ago.

The answers I provided were based on your initial statement that they were English.

I am sure that certain aspects of Italian law and English law are different but since I do not know much about Italian law, I cannot say how they are different.


I would be willing to bet that the answers to the general questions you have posed are much the same.


They are under Italian law if they live there. If they moved to England, they would be under English law even if married in Italy.




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