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Legal matters

Responsabilty for my children

6 replies

kyobo · 05/06/2011 02:34

Hello, I don't know if anyone can advise me. The short version here is that I am ill. I may need to go into hospital. I could die. I am a widower and I have a young child. I have family who may wish to be involved with my child in the event that I am gone, but I would like if I am very ill or if I die for a family friend to have care and responsability of me and my child.

I am very concerned that my family will try to take my child away and while I am well enough I need to try to put something into action to prevent this. At present I don't even have a will. Is there some way I can legally give the family friend these rights?

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DooinMeCleanin · 05/06/2011 02:44

I believe there is. My partner is not dd1's biological father. Should anything happen to me, I wish for dd1 and dd2 to be kept together (preferably with my sister, but that would be very hard to do, the solicitor tells me) and I know my family would try and take both children from him. They would be able to take dd1 as he does not have PR for her.

You need to give your family friend parental responsibility and you need a will. I am so sorry about what is happening to you and wish you well. CAB will be able to advise better.

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kyobo · 05/06/2011 08:40

Bump.

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MissFenella · 05/06/2011 08:49

I'm named in my brother and sil will as legal guardian of my niece.
Can he not get pr for dd 1?

Then you can't state your wishes in a will.

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Collaborate · 05/06/2011 10:40

Make a will with a guardianship clause ASAP.

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kyobo · 06/06/2011 23:07

I will get a will with guardian ship clause organised straight away, I'm still worried about the rest of the time that I am alive too. :) Thankyou all for your advice.

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mumblechum1 · 07/06/2011 16:23

I'm a will writer and echo the advice to write a will, appointing a Guardian, however you need to be aware that the appointment is not binding on any court asked to adjudicate in the event that there's a dispute between your surviving family and friends about who your child should live with.

If I were writing your will, I'd expressly state anyone who you did not wish to look after your child, together with reasons, either in the will itself or in a separate letter of wishes (if you didn't want others to know the details).

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