Son going to my ex if I die?

[Hmsxoxxx]

Sorry wasn’t sure where to put this..
I’ve recently been looking into doing my will and am starting to worry. I have been with my current partner for 5 years and have a 12 month old with him. My son is 6 and see’s his biological dad twice a month. It has just occurred to me that as his father is on the birth certificate he would automatically go to him. Is there any way that this could be overridden? The thought of him being taken away from his sister, home and moving to a different town/school to be with his dad who he doesn’t see anywhere near as much as my partner makes me feel sick!
Thanks.

Maybe he wouldn’t want him full time? Can you talk to him about it?

I don’t have legal knowledge but would have thought ex as the biological father who is involved in his sons life, would definitely get custody.

I don’t think there is anything legally you could do to prevent this as he sees dad. I’m assuming his on the birth certificate. I’m in the same situation as I have ds from previous relationship and dh has been in his life since the age of 2. He’s almost 10. I think the only way a court could consider it if they were older atleast 10 and older to choose who they stay with. I think being married would help as legally he would be seen as step parent you can apply to the courts as a step parent for parental responsibility.

I was talking this through with some friends recently. They were relying on the courts favouring the status quo, and courts favouring keeping siblings together (dad would not want the severely disabled sibling with him full time, probably resi care, whereas stepdad already lives with him and would give up work if necessary). I'd go for stepdad getting PR but it is a huge step - they become a parent equal to you even if you split, so dad may contest it (I would if it was an ex's partner!)

I agree with the above. Your choices are:

1. Make a will with a guardianship clause. Is only effective if the father dies before or around the same time as you.

2.Marry your partner and apply to the court for PR for him (if the father doesn't agree to a PR agreement for him).

1. Rely upon your partner applying to the court on your death for a residence order.

What collaborate said, but it is not water tight and has the biological father is in contact (twice a month appears to be the norm every other weekend).

But unless their is grounds that the biological cannot look after the child full time or does not want its not hard for them to get full residence over a unrelated person (biologically speaking i mean).

All 3 options mentioned are whats available but its not automatically going to happen (the PR a court does not automatically rule in favor espically if the biological parent is still on the scene so it would be a upwind struggle as in you cannot apply without informing the biological father and he has the right to contest it).

Hi - I went through something similar last year with my EXH.

I had DS1 with my EXH, at the time he was having sporadic contact only, usually telephone, with DS1. There were concerns over his emotionally stability and ability to look after DS1 if anything happened to me.

My husband and I applied to the court for PR for him and a child arrangement order (I think that's what's it's called) stating DS1 lives with me and DH and would stay with DH and DS2 if anything happened to me.

If was a long process, involving CAFCASS and court hearing (which EXH did not attend) but PR for DH and a child arrangement order were granted.

In addition to this I have also written a statement with evidence outlining why I do not want EXH getting custody of DS1. This sits with my will in the event of my death prior to DS1 turning 18.

I have to say it has given me piece of mind that I have done everything I legally can to ensure DS1 stays in the family unit with his brother and DH.

Good luck OP