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Expert Family Law Advice and Assistance Scotland

In Scotland, parental rights and responsibilities are the legally recognised powers to make decisions about a child’s upbringing and welfare, such as:

  • where and how a child will be educated;
  • where a child should live and how often they should spend time with a non-resident parent; and
  • what medical treatment a child should receive.

Who is granted parental rights and responsibilities depends on their relationship to the child. For example, mothers are automatically granted these rights, as are fathers who are married to the mother; while unmarried fathers, fathers not named on the birth certificate and other relatives or individuals important in a child’s life are not. If looking to acquire parental rights and responsibilities, and therefore have the legal right to have a say in the decision-making process, it is necessary to get the consent of the mother through a parental agreement, or make an application to court.

Best Interests of the Child

As with all matters relating to children in Scotland, the paramount consideration must always be what is in the best interests of the child. This means that parental rights and responsibilities are not absolute but must be exercised to the extent that they safeguard and promote the child’s welfare, health and development. If you are looking to acquire these rights and responsibilities, or concerned that someone who holds them is not acting in the child’s best interests, we can help.

Contact our Family & Child Law Solicitors in Lanark, Motherwell & Strathaven, Scotland

We will handle your family matter with skill, sensitivity and discretion. Please contact our approachable family law solicitors on 01555 662576 or fill out our online enquiry form for more information on how we can help.

Call now - 01555 662576

Contact our approachable, reliable and experienced solicitors.

Providing effective legal advice in Lanark and beyond since 1867.

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