Would appreciate some legal information

[giantpurplepeopleeater]

Hello all,

I would like to ask some advice from those who know how parental responsibility stands legally.

I am thinking about what might happen if I die. The way things stand now, if I die, DS would have to go live with my Ex. I worry about this for a number of reasons. I could explain here but it would be long, and to be honest I'm looking for advice on the legalities of what I have written below, not advice on my personal situation.

My preference would be for DS to live with his godparents, my brother and wife - whom he sees more often and has a stronger bond with than my ex. This would continue Ex's contact arrangement as EOW or increased if he wishes it.

I have looked around, and the only conclusion I can come to is that this would only be possible if I sorted out giving PR to my brother. Apparently this is possible so long as both of us (those with PR already) agree.

Is this correct? Are there any other options?

You cannot give PR to your brother. If you remarry you can give PR to the step father with your ex's consent but there is no way you can give your brother PR regardless of whether or not your ex consents.

You should name your brother as a guardian of your son in your will. That doesn't mean your brother will automatically get your son but it does clearly show your wishes. If your ex disputes residence the courts will have to decide what is in your son's best interests.

prh - thanks. I did wonder if that seemed right! Google is not always your friend!!

If I name my brother as guardian, what happens when I die? Would DS go to live with my brother and then ex would have to dispute it if it he decided he didn't want that to happen. Or would DS automatically be handed over to ex with it being sorted out later on in time?

My ex's circumstances don't really allow him to see DS more than every other weekend - I can't see this changing. I'm concerned as to what would happen in the immediate aftermath of my death more than anything.