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If i die?

(6 Posts)
xmasevebundle Sat 06-Oct-12 23:23:59

If i died (i hope i dont any time soon) who would get custody of my son?

Im 29w and i dont have contact with the father but would he get full custody even if hes not on the BC, but the DNA says it his(VIA the CSA route)

Can you write something and sign it so 'if' i die my parents get sole custody of my son?

I have thought a while about thishmm

LittleWub Sat 06-Oct-12 23:30:54

Go and see a solicitor. I have it in my Will that my children plus any future children in the event of my death (and DH's) would have my mum as their legal guardian, followed by my brother if my Mum wasn't able. I don't want my in-laws to be guardian (and neither does my DH).

Not sure how it would stand in your case if the father wanted custody. But I'm sure having your wishes recorded officially can only be a good thing.

Springforward Sat 06-Oct-12 23:31:49

I'm not an expert in any way at all, but I've heard of guardianship wills where you say in the will who will look after your DC if you're not about (we're thinking of getting one sorted for DS soon) - would that do it, maybe?

xmasevebundle Sat 06-Oct-12 23:35:00

Thank you both for the reply, i thought as he was 'next of kin'.

I will look into this and when hes born i will sort it out.

(This caused a huge debate in my house, thank you grin)

SavoyCabbage Sat 06-Oct-12 23:40:52

I know someone who has who wrote a will saying that she wanted her mum to have custody if she died. The father was her ex husband though and on the BC.

He just rolled his eyes about it (he's not abusive or anything) and said that he was quite confident thst he would get the children if she died as he was their father.

Collaborate Sun 07-Oct-12 01:11:05

As father doesn't have parental responsibility any guardianship clause in your will would serve to vest PR in whoever you nominate, effective immediately upon your death.

Doesn't mean that a court wouldn't later on think that an orphaned child would be best off living with his father rather than a more distant relative - it depends on their relationship at the time and the child's wishes (depending on their age).

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