Custody of DC if parents die

[Lilsquish]

sorry for the morbid topic but just wondering who would get custody of my children should OH and I pass away?

situation:

Me and OH - DD aged 2 and one due in may.

OH has his mum, father is deceased. No siblings.

I have my parents however im NC and a sister who i am NC with due to safeguarding issues.

im worried that should OH and i both pass away, my sister would get custody of my children.

can anyone clarify? also, how do i go about requesting who i would like to get custody?

is it via a will? or someother legal document. and does the nominated person sign consent?

many thanks

Both of you should make a will. Include a guardianship clause. This vests parental responsibility in the appointed guardians upon the death of you both.

It’s a good idea to speak to the guardians first. They are under no obligation to care for your children but they have the power to decide who can do so (unless and until the court intervenes).

thank you.

say we both nominate the same guardian, and they agree to look after DC, can my sister challenge it? is there any way she could gain custody against our will?

Yes your sister could challenge the guardianship, but they would have to go to court.

Go to solicitor, get will done, explain concerns about potential challenges, I believe you can provide details of why you would be unhappy for your sister to be guardian and this would be considered in court.

ok thank you so much.

it was just something that we started thinking about (worrying about) recently.

i will get together with our first choice for guardian and ask if they would be willing and then get the ball rolling.

hopefully wont be something we ever need tho.

thank you

Go to solicitor, get will done, explain concerns about potential challenges, I believe you can provide details of why you would be unhappy for your sister to be guardian and this would be considered in court.

^Do this. Provide as much evidence as you can to strengthen your case

I'm a will writer and this is one of the things I always cover when taking instructions.

You do need to make a Will including a guardianship clause. I don't recommend that you go into details in the will itself around the decision, as the will will one day be a public document, but that you include a letter of wishes which your nominated guardian could use in the very unlikely event that you both die and that the court is asked to make a ruling on residence.

I recommend to all my clients in these circumstances to review and update the letter of wishes as appropriate, so that it always reflects the current situation.

Feel free to PM me if you need any further information

We have a reciprocal agreement in place with another couple to be legal guardians for their children in the event of a couple wipeout scenario.....this is often a good way to approach the situation when asking someone about guardianship ......as well as giving them time to think about it and discuss it with their significant others, it's a big ask.

thanks for taking the time to reply.

i will seek legal advice in respect of the paperwork side.

i havent yet approached my friend (who id like to nominate) and am fully aware of what it would mean for her life should she agree - and subsequently be needed.

i will think everything through fully before i approach her and make it clear that she has to take time to consider it.

thank you