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Legal guardianship

(7 Posts)
BadWool Sat 17-Oct-15 14:56:38

I broke up from an awful relationship with an abusive man around 5 years ago. Two years ago I met someone else, we got married and now live with my 13-year-old dd. I keep worrying that if anything happens to me, she will be forced to go back to live with her father and would love some advice on how to go about arranging legal guardianship for her. It's worth also noting that, since I left him, he has only seen dd around 5 times in just over 2 years and pays no maintenance for her whatsoever. If anyone could point me in the right direction to find out what to do, I would really appreciate it.

BadWool Sun 18-Oct-15 19:16:24

I wonder if I've posted this thread in the wrong place ... could anyone advise?

OutToGetYou Sun 18-Oct-15 22:11:26

Maybe the Legal board?

pinkprimroses Sun 18-Oct-15 22:17:20

Were you married to your DD's father? If you weren't then, as she was born before the law changed (late 2003) he won't have parental responsibility (PR), unless he's applied to court and had it awarded, which doesn't sound likely from what you say.

That means that, as the only person with PR you can sign some paperwork which would give your DH PR too. That ought to mean that DD is pretty certain to remain with him. The other option is simply to state it clearly in your will that you want her to remain with your DH.

Either way, her father could contest it at court if he wanted, but if he's seen her 5 times in 2 years I would have thought it very unlikely he'd be successful, unless DD wanted to live with him.

BadWool Tue 20-Oct-15 11:11:14

Thanks! Me and DD's father were never married. I don't think he would take anything to court. When you say 'some paperwork', pinkprimroses, do you mean via a solicitor?

pinkprimroses Tue 20-Oct-15 16:47:28

Info here

www.gov.uk/parental-rights-responsibilities/apply-for-parental-responsibility

I'm sure a solicitor could do out for you for a fee but don't think you need one.

Personally I've just gone for the simpler option of stating in my will who my DC should live with, but I'm pretty confident that my ex and DH would agree it between them amicably.

TheUnwillingNarcheska Wed 21-Oct-15 17:11:36

I would get legal advice, mainly because a step parent has no legal parental responsibility and therefore it could cause huge issues if the child remains with the step parent ie can't sign consent forms etc

Also I don't know how it would work with the Dad paying a step Dad child maintenance and what the legalities are.

So for those two things alone, I would see a solicitor for advice.

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