Who gets custody of my child if I die?

jules6810

Hi everyone
Just asking for a bit of advice, I am a single Mom and recently have been researching what might happen to my daughter if I died.
Her father is on her birth certificate. From what I am reading, unless I write a will, she would automatically got to her Father. I so not want this.
Her Father is a total waste of space, I wont bore you with all his failings, he walks in and out of her life as he pleases and has always let her down. I recently tackled him on this and its got nasty, I have now been forced to completely stop all access and he no longer sees his daughter.
What i want to no is can I stop him, from getting custody of her if anything happened to me? I no this may sound a bit morbid, but I am having sleepless nights over this.
As I said, I wont bore you with all the details, but there is a lot more depth to my reasons, I just want to no, 1. if I can do anything to stop it happening and 2. how can I do it?

Any help much appreciated, many thanks in advance

jules6810

Is that all I need to do?

quidsy

Were you married to him at time of birth?

jules6810

No we have never been married.

dzug1

Who is there you could appoint guardian in his place? Would they agree to it anyway?

jules6810

I would want her to stay with my parents or failing that my Sister. And yes both would agree, without doubt

RAS

When was she born as that affects whether he has PR.

If he has PR there is nothing you can do to prevent him claiming her after your death.

He may not want to in which case make a will and appoint a guardian but be aware that they may have not choice but to concede if he kicks off.

Bennifred

You need to get a will drawn up which details who would be the guardian to your child should you die before your daughter reaches eighteen.

jules6810

she was born at the end of 2009.

So if I do make a will, he can still end up with her regardless? I very much doubt he would want her to be honest, but I just want to make sure its not an option if its possible.

RAS

jules6810 wrote: »

she was born at the end of 2009.

So if I do make a will, he can still end up with her regardless? I very much doubt he would want her to be honest, but I just want to make sure its not an option if its possible.

As his name is on the birth certificate he has PR and if he demands residence, only social services could really prevent it.

FBaby

Then being on her birth certificate, he would have automatic parental responsibility for her. Unless you context this, it will be much more easier for him to gain custody even if you put it in your will you don't want him too. Most likely it would go in front of a judge (if he contested the will) and would be up for your family solicitor to make a claim why you didn't want him to have custody and evidence of why it wouldn't be in her interest to live with him.