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Does my DP automatically become guardian of my child if I die?

5 replies

Azquilith · 06/06/2014 20:02

He is named as father on the birth certificate but we are not married. Would he automatically become guardian if something happened to me or could anyone contest that?

OP posts:
mousmous · 06/06/2014 23:15

if he's on the birth cert he has parental reponsibilities.
so no, he will not become guardian as he is the parent.

mumblechum1 · 07/06/2014 09:30

As Asquilith says, if your DP has parental responsibility, ie he is on the birth certificate and your child was born after Nov 2003, then he would automatically care for your child.

It may be worth thinking about making a will appointing a guardian to act in the unlikely event that you and your DP both died. There are also financial reasons to make a will, as unmarried parents don't automatically inherit from each other.

Lanabelle · 07/06/2014 09:34

Also worth noting that after November 2003 is only in certain parts of the country, if you live in NI or Scotland then this is actually a later date so double check on the direct gov site

mumblechum1 · 07/06/2014 09:43

Yes, must admit I presumed OP in E&W

susiedaisy · 07/06/2014 09:48

The father of a child automatically gets the child if the mother dies, I discovered this when I divorced and made a new will. Even if you don't want him to by law he will, unless there is any problems such as convictions for child abuse or such then I think you can sort out other arrangements but I don't know how you go about that I'm afraid.

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