Child residency

[goddessgirl7]

Hi
Looking for a bit of advice going for an op next week and feeling a bit mortal. I have a will kit as can't afford a solicitor to do it. I am currently going through a child contact case with my ex over dd. The divorce has come through so he is no longer entitied to my pension but am worried about my dd in the event of my death. The contact case is for supervised contact for her dad due to his behaviour he is a con man and narcissist would I be able to put my mum down in the will as guardian and residency she has far more contact with her than her dad (not seen him in a year) and there are issues of prescription drug abuse and neglect on her dad's side. Thanks

Do you have an order stating that she lives with you?

MrsBertBibby - Not at the moment in the middle of child contact case he has not turned up to the last 2 dates claiming illness at the last minute so adjourned till late september

As you don't have an order stating that she lives with you the appointment of a guardian in your will won't take effect automatically whilst your daughter's father is still alive. However, you can still put it in your will. If there is a dispute about where she lives following your death this would show what you wanted to happen. But ultimately it would be up to the courts to resolve. They would not automatically give your daughter to her father. They would look at what is in her best interests.

I have recently sorted a will for this reason. My ex is an abusive, nasty piece of work and no way on earth would I want my daughter being cared for him. Unfortunately as he has PR, it was be automatically assumed that she live with him. However, as I have stated my preferences for guardianship and a long list of reasons for this, then I would hope this would stand in court if there was a dispute. It's a bit of a grey area from my research. I am just happy that I know my parents would fight tooth and nail to ensure that my daughter ended up in their care.

Have you contacted the pension people and checked about who will benefit? If he is down as a nominated person it may not have changed just because you have the divorce.