What was previously called custody and access has now been changed to residence and contact.
Anybody with an interest in a child can obtain child contact; this includes not only married and unmarried fathers, but also grandparents, aunties, uncles and even non-relatives. In fact it can be obtained by anyone who has a relationship with a child and it is in the best interests of the child to maintain contact with that person. The interests of the child must remain paramount in any legal negotiations. If an agreement cannot be established out with the courts, then a contact order can usually be granted by a Sheriff.
This is especially significant in relation to unmarried fathers. Unmarried fathers, despite not having any parental rights and responsibilities (unless the child was born after May 2006), can still seek contact to the child if both parents sign a Parental Rights and Responsibilities Agreement. If no such written agreement can be reached, an Order through the Courts for Parental Rights and Responsibilities can be sought.
For advice on child contact and if you feel you need an experienced lawyer, contact Wright & Co here, or telephone (0044) 131 467 5566
Wright & Co 5e Giles Street Edinburgh EH6 6DJ