Can my Boyfriend take my Child from me if I leave him?

Question: I want to leave my boyfriend, but am afraid to do so. I am in a very unhappy relationship, but my boyfriend says if I leave, he will take our child. Can he actually do that? What are his rights and what are my rights?

I have to leave because I am so unhappy, but I cannot risk losing my child. His doctor has had to put him on antidepressants and he is not working. Do these facts have any impact on whether he can take my 4-year-old son from me?

In addition, I have two children from an earlier relationship they are aged 10 and 6. Does this fact help me? Surely, the courts would not split the three children up.

Answers: For a father to win custody of their child the mother would have to be unfit, for example abusive or unstable. The court will require actual proof of this. Without that proof, the courts would not give custody to the father. Both parents have an equal right to care for and raise their children. It is just that UK courts rarely give custody or residence to the father.

The fact that your boyfriend is suffering from depression and on medication means that the court will see him as not being fit to care for the children. On top of that, his not having a job is a big issue. After all, if he has no money he will not be able to feed and clothe the child.

However, before making a decision about leaving, you should take further legal advice. A detailed discussion of your situation is the best way to ensure that you take the right course of action.

At Hylton-Potts, we offer detailed advice about all family law matters and do so for a low fixed fee. You can contact us via our free phone helpline on 020 7381 8111 or write to us, 24/7, at [email protected].