Meet the Other Phone. Only the apps you allow.

Meet the Other Phone.
Only the apps you allow.

Buy now

Please or to access all these features

Parenting

For free parenting resources please check out the Early Years Alliance's Family Corner.

Can I stop ex partner taking my child if I were to die

26 replies

Jduxhhx · 12/10/2022 12:43

Sorry if this is a silly question.

I have a young DD with my ex partner.
he was emotionally abusive to me in the relationship which is why I left.
he sees DD every other weekend and I don't think he's a good dad. E.g doesn't brush her teeth, doesn't brush her hair, no proper meals just snacks, sits her in front of tv all day instead of doing anything

I am currently writing my will. If something were to happen to me, can I say in my will that she would go and live with someone else like my brother instead of her dad? I don't believe she would be properly cared for if he had her full time. He also doesn't have his own place, just rents a room so she wouldn't even have a bedroom

OP posts:
thepurplewhisperer · 12/10/2022 18:45

Invisableperson · 12/10/2022 14:04

As far as I understand it, you can nominate someone else to take on your parental responsibility but that only means they have a 50% say in her upbringing, not where she resides

You can't transfer parental rights to another however suitable they might be.

You can appoint a guardian but not transfer parental rights (unless the child has been adopted, then the adopted parent has the same legal rights).

The surviving parent has all the parental rights.

However, I see no reason why a guardian couldn't take it to a family court for them to decide what is in the child's best interests.

I knew a family a while back in not dissimilar circumstances. The appointed guardian had zero rights over the parent who they always had to seek permission and was frustrated by this. They sought legal counsel but the result was the same. In the end the surviving parent took the child and raised them.

I think the PP mention of setting up a trust and appointing a guardian to manage this is the best way forwards. It takes away the possibility of the surviving parent gaining financially by taking the child. The child will be provided for directly by the trust until they can take control of their own finances.

It stops financial incentives should this be a possibility.

New posts on this thread. Refresh page