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Will advice single mum

4 replies

Mumwith2girls · 11/07/2017 15:50

Hi,

I have 2 children age 3 and 12 who do have different dads. I have been thinking recently about doing a will and what would happen should I die.

Both dads are on the birth certificate and have PR, my eldest's dad was a part of her life until 2 years ago when he met another new partner who took a dislike to my daughter and told him she wasn't welcome at her house and he would have to move out if he saw her anywhere else. He hasn't really bothered since and has now had another child.

My youngest dad, when I was pregnant started gambling and made us homeless and totally seemed to change, he comes and goes seeing her as and when but is still gambling and just a bit of a waster nowadays, so contact is very limited.

What would happen if I was to die now? Would the children automatically go to their dads or can I stipulate in a will that I wouldn't want the children split up because of the fathers history and would like my parents to be their guardian.
I am assuming that as they have PR my parents wouldn't have much say despite any will if either dad wanted to have them live with them and would need to take it to court but I'm just interested in what I should do legally just in case the unthinkable was to happen.

Thank you for any advice
Claire

OP posts:
prh47bridge · 11/07/2017 20:53

You can name your parents as guardians in your will.

The children will not automatically go to their fathers. If there is a dispute the courts will decide what happens to the children. The court will be guided by the children's best interests.

Mumwith2girls · 11/07/2017 22:03

Oh that is much more reassuring! Thank you so much for replying

OP posts:
mumblechum0 · 12/07/2017 15:58

As a will writer, this is quite a common scenario.

By appointing guardians, you can't take away the fathers' parental responsibility, but it is a strong indication to the court, if there's a dispute, of your wishes. If you need any more info feel free to PM me.

Mumwith2girls · 12/07/2017 17:36

Thank you mumblechum really appreciate that! It's good to know my feelings are at least considered. I think I'd probably put a letter with the will just explaining my reasons and update as they get older or situations change. Thank you again for your help

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