Making a legal document...

Melissa22_Mum

I have a young daughter, her dad, who I don't live with is an alcoholic (unrecognised). My mother (who I live with and my dad) is also, getting to the point though, if something were to happen to me, I want to make sure that my daughter would be in the custody of my sister. How do I do it? If I wrote an enclosed document (letter basically) stating this and gave it to my sister, if something were to happen to me, would this letter have any legal standing?

NAR

Not sure you can actually "leave your daughter" to someone. Perhaps Citizens Advice could advise you.

Zara33

Perhaps having something written in a will, would be the best way forward.

hobo28

Your best bet is to see a solicitor to write a will.

There are many variables here which only a solicitor is really qualified to answer. For example, does your ex have parental responsibility? Do you have a residence order? If you have a residence order in which he only has contact then you can legally appoint your sister as guardian in the event of your death.

How old is your daughter? If she was older and said she wanted to live with her dad then the court may just let her anyway.

Like I said, there's loads to think about and you do need professional advice.

thesaint

hobo28 wrote: »

Your best bet is to see a solicitor to write a will.

There are many variables here which only a solicitor is really qualified to answer. For example, does your ex have parental responsibility? Do you have a residence order? If you have a residence order in which he only has contact then you can legally appoint your sister as guardian in the event of your death.

How old is your daughter? If she was older and said she wanted to live with her dad then the court may just let her anyway.

Like I said, there's loads to think about and you do need professional advice.

If there is a residence order in favour of the mother, and a contact order for the father, it would be extremely unusual for a parental responsibility order not to be in place.

Melissa22mum,

If the dad has a parental responsibility order, he would automatically be 'first in line' to have his daughter. Even if he is an alcoholic, undiagnosed or not.

A will would not over-rule the law.