What happens to my ds if I die?

[KenyanSunrise]

I know this is morbid but would like some advice on what would happen legally to my ds if I pass away, and if even worse both myself and my partner both pass away.

My partner and I are not married however we are still together and he is named on my ds birth certificate. (My ds was born in 2012)

If I die will my partner get custody of our ds even though we are not married?
If the worst happens and both my partner and I pass away before our ds is 18 who will be his guardians? If I make a will appointing my parents as his guardians would that stand?

I know this is morbid but I hate to think of our ds not having a stable home and as awful as it sounds we think my parents would be better guardians than my partners even though they are younger. Would a will protect my wishes?

Thanks for any advice you can give :)

You need to make a will to express you wishes. The family court will decide but is very unlikely to go against a will and if it were just you to die then the other person with parental responsibility (your partner) would be legally responsible for him.

Thanks very much HappyCamel, I will find a solicitors asap and get it all written down.

I think you are very sensible to think about this and make a will stating your wishes. Once you've done it, you can forget about it. Difficult thing to talk about but needs to be done. Lucky for me, eldest 2 DCs now adult and would care for no3 if the worst happened, but we had other plans in place until that stage.

Try reading this :)

Skip down to the children bit .

Yes you need to take a will.

There is a poster on here called mumblechum who does a will writing service. She is fantastic, gives very clear and straightforward advice for a very reasonable fee.

We have stipulated my brother as guardian, obviously with his agreement.

Thanks everyone, obviously I hope we never have to cross this bridge but better safe than sorry I suppose. :)

Alibaba Thanks!

OP, my advert is over on Small Business (Classified Section), if you're interested.

It would certainly be a good idea to make a will appointing a Guardian for your dc.