Parents Rights

[Mrs_Pegasus]

My daughter is 7 and I am in the process of looking at writing a will. The father sees her daily and she stays with him every other weekend. It is a good arrangement which we are both happy with. However, if I should die, can I say who looks after her? Would he have an automatic right to have custody of her? I dont doubt this man to look after her but I cannot say whether he would take her away from the area, her family and friends. I am also married and my husband could care for her just as well. I know he is her father but what is the legal standing if I was to give custody of her to my husband?

[Eve]

Well your will indicates your intentions but as he is the father this would be difficult and i would have thought that unless there was a really good reason for him not having her then that's what would happen if he wanted it. It's not like appointing guardians if both of you passed away.

Why don't you speak to him about your concerns? I'm sure you don't want some kind of fight that your child would be dragged into if something bad did happen to you.

If it came to it if the court made any order then the wefare of the child would be paramount to any decisions made.

Make sure you get your will drawn up by a professional, maybe find someone who also has extensive family experience as well who can advise you fully.

[themas]

Does the father have joint parental responsibilities with you? Unless you were married to him, he will only have them if you have agreed to give them to him or jointly re-registered the birth after 1.12.03 or he has acquired them by Court order.

If he does not have parental responsibilities then I think you can appoint whoever you like to look after the child, but if you did die the father could challenge this in Court and try to get appointed as guardian or get a residence order, or an order giving him parental responsibility.

If he does have parental responsibility then I suspect he would be regarded automatically by the Courts as the person to have custody on your death, although they ought to take into account your wishes as expressed in your will.

I agree with Jenna - you ought to talk to him about this. You should also talk to the solicitor doing your will to see what can be suggested to maximise the likelihood of your wishes being carried out.

[Mrs_Pegasus]

Thank you both for your reply. As you can see by her age she was born in 1999 and we were not married although we both registered the birth. Ultimately, I want what is best for her but just wanted to know how I stand before I speak with a solicitor.

[JRB]

Has your husband got a Parental Responsibility Order for your daughter? If he has, then the court would take that into account along with your wishes and the wishes of your daughter (if she is at least 14+ at the time) Her well-being should be paramount in the decision and this could include stability of the home, her continuing education, access to other family members etc. Once she is 16 I think the courts would abide by her choice.