Want brother and sister in law to become legal guardians if I die.

[deathlyhallows29]

I know the best place to go would be a solicitor, but as it's a Sunday and limited to help right now I thought I'd ask here.

My daughter is 7 with possible ADHD and AUTISM.

Biological father is on the birth certificate (which is a whole another story.)

Her biological father has 'undiagnosed Asperger's syndrome' which he states he can't care for himself. (How is he going to look after a disabled child, if he can't look after himself?)
He doesn't have anything to do with my daughter other than a forced CMP (child maintenance payment).
He was inconsistent throughout her younger years and by 4-5 years old and was given an ultimatum (I was advised to do this by a health professional) which he failed to adhere to. This then stopped all contact with my daughter.
He hasn't been stopped asking about her well being, schooling and such. If he asked for pictures I'd send them. But he doesn't, he didn't even wish her a happy birthday the other month. He's been told multiple times by myself and his family members he can ask after her.
His contact was stopped for the well being of my daughter. His auntie also agrees with the steps I've taken.
We were meant to go to mediation which he again stopped. He was offered legal help but wouldn't go to the solicitors office as it was to early in the morning and he doesn't drive (he doesn't work and could catch a bus there. This to me screams volumes that he doesn't really care.)

So my point/question is, how do I get my brother and sister in-law to become guardians of my daughter if I should die?

My daughter has contact with my side of the family (which her biological dad would stop if he ever gained custody).
I take my daughter to see some of biological fathers side (non toxic relatives). Time, life and everything permitting. I'd like to take her more but we all have things going on.

What can I do to make sure she doesn't end up with her biological father.

Well, I can’t comment on the legal aspect of “ how can I make sure this categorically doesn’t happen?” in terms of him technically having parental responsibility. And you should definitely seek legal advice.

But in the first instance I would suggest you make a will in which you nominate your DB and DSIL as guardians and accompany this by a letter of wishes explaining why you want them rather than her father to raise her if something happens to you. You would normally also include how you would like your DD to be raised, eg any strong views on education, etc, in a letter of wishes.

I suspect this would not be legally binding but it would ensure that your views on what was in your DD’s best interests would be set before a court in the event of legal challenge by her father.

Thank you, I understand the legal side is a hard thing to comment on.

I'm going to get everything done and have a file waiting for my DB and DSIL. If the time ever comes. They have both agreed to take my daughter on, even with her needs, which is a big ask on its own.

DD's biological dad, was abusive towards me in many ways. Unfortunately for my DD he just saw her as a cash cow.
How he could claim more benefits and I could go back to work and pay him maintenance (funny thing he didn't pay it until I put in a claim she was 2)
I'm just hoping courts would see he's unfit. As I've kept all evidence with diary's too.

You need to make a will expressing yourself wishes. It would be useful to also express the reasons why which can be done in an attached letter saying what you have out in here.

No guarantees though

I think this needs to be done sooner than later. Thank you both x