rights of absent parent

[flossy74]

My parents have just gone abroad and updated their will before they went, which got me thinking. My sons father has had no contact with my son since he was 6 wks old (he is now nearly 7). Should (god forbid) anything happen to myself, would my son naturally go to my parents, who he has daily contact with, or would the dad have automatic rights to 'claim' him on a full-time basis? If I made a will and stated I didnt want this, would this stand no matter what?

[flossy74]

(btw thats abroad on holiday, not to live!!!!!)

[kkatsdestiny]

Im in the same boat as you hun my daughter hasnt seen her dad since was 18 months old & i was worried about the same thing, iso i made a will stateing where my daughter is too go, i was told that my daughter would go to that person , but if her dad wanted to fight for her he could then it would be down to the court to decide, but because of your son's age they would ask him where he wants to live and that will be taken into account.

[WendyS]

I think you need to see a solicitor about this as soon as possible and make a Will appointing your parents (or other individuals) to be the guardian of your son in the event of your death, although of course you would have to speak to them beforehand to check that they are willing to accept such onerous responsibilities, and also have the funds, from your assets, to fund their education and upbringing. I am not sure, in law, whether your son's father would be able to override your wishes, but if he has had no contact with either you, or your son for seer years, I think it might be difficult, if it came to a legal battle, for him to take your son without any consultation. However, these are too important matters to leave things to chance or to happen by default and that is why you need to consult a solicitor, make a Will and get things legally sorted.