Who Gets The Child If One Parent Dies But They've Been Separated?

[buffymad]

If a mother does and leaves a child under the age of 18, who would he be passed to (probably not best terminology but you know what I mean!). Mother and father never married and have since separated. He still sees the child when it suits him! Mother wants to make a Will appointing guardians for minor child (her two daughters who have a different father from minor child), but wasn't sure if father would have automatic rights of child having to live with him?

[ummmm]

The father but that doesn't mean the father will actually get the child. It would depend on the child's age and what they wanted.

[Prudie]

Does the mother have legally granted full custody?

[RATTER15]

I know of a very similar case, the father had no contact with the child at all but when the Mother died, the father claimed the baby against everybodies wishes. The baby was very disabled and needed special care but Fathers rights said he should have the baby.

[hc4361]

Depends on if he has parental rights. This is given automatically if his name is on the child's birth certificate or can be granted through the court if not.

[EDDIE51]

These cases are decided by the Family Court who have just one overriding consideration.
That is to do 'what ever is in the best interest of the child/children'.


All other factors are secondary to this consideration. Each case will be decided on it's own merits, there is NO 'rule' as to who gets what. The 'Best interests of the child ' is the prime consideration all else is secondary to that !.

[EDDIE51]

Ratter, the ONLY people who have any 'Rights' are the child/children no one else. Not the father, mother ,grandparents, brother , sister,ONLY the child.
This has been the overwhelming principle of the UK Family Court for at least 5 years now. I have personal experience of this within my own family and was told so by a barrister with 30 years experience .

[Peter Pedant]

have had difficulty on posting and the damned 'no acces' notice

Eddie is correct

1989 Children Act - the interests of the child is paramount - I think is the quote from the Act.

so it would be decided on that and if there are more than one child you can see it is possible that the decisions for each child may be different

sorry been trying to get that answer on for a few days now

[EDDIE51]

Thanks PP , I just wish a few more people understood that.
It would save all this ranting about 'fathers, mothers, relatives 'Rights' '
Remember
THE RIGHTS OF THE CHILD are paramount in all custody cases .