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what happens with children when parents are divorced and main carer dies?

1 reply

time4tea · 06/02/2008 10:38

hello, any experiences on this? my best friend is divorced and agreed sole custody of the children - their father has brief contact weekly, and pays a very minimal amount of maintenance. he has been really slack about the children, regularly breaks promises to them, could see them much more but doesn't bother.

she is worried what would happen to them in case she dies, so we are thinking of making some plans in case this happens. a case of prepare for the worst, hope for the best...

we need to think it all through, I would be prepared to take the children if this is what they wanted & needed, but there must be a million things to think of and possibly prepare for - not just legal, but practical, financial etc.

OP posts:
singsong · 06/02/2008 16:01

I really don't know the answer. She should probably seek advice of a solicitor about making a will etc. Do you know how her ex feels about it? I understand it's a topic not likely to have been discussed with him but I was just thinking if the situation is that he wouldn't want to take responsibility for his children in the event of the worst happening then it may be that your friend could make a legal statement of some kind to say who she'd like to take care of them. But if the situation is that he would want to have them but your friend doesn't want him to then it may be more difficult for her to specify who should take care of them because as he's the parent he may be able to contest the will/fight for custody.

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