Next of Kin

[gumboot]

My wife has been previously married and has two daughters from that marriage. The youngest daughter, who is twenty, recently married. The daughter has two daughters herself, one from a previous unmarried relationship and one from the man she married recently.

I'd like an opinion regarding the next of kin of the daughter from the previous relationship if my step-daughter, heaven-forbid, died.

The man my step-daughter married has no desire to adopt the child himself. The true biological father of the child has not been made aware that he has a daughter, mainly because he dabbles in drugs, has criminal tendencies and it was a "one night stand". His name was also omitted from the child's birth certificate.

Is it feasible that under these circumstances, my wife, as the child's true biological grandmother, is the next of kin?

Many thanks.

[gumboot]

I forgot to say that the child concerned is four years old. The other child is two,

[Rollo]

In law there is no such person as a "next of kin".

An adult can nominate anybody they like as their "next of kin", but I don't think this applies to a child.

I suspect that your question is really asking who would become responsible for this child in the even of the mother's death.

[gumboot]

I see where you're coming fom Rollo, but I don't entirely agree with you.

My sister died a few years ago and her husband, who the rest of the family had quarrelled with, decided to arrange her funeral on her (and my) mother's birthday on the basis that it would be a "nice way for my mother to recall the date". The undertaker was horrified but powerless to change the date when we protested and the funeral went ahead as her husband was the next of kin. The torment it's caused each year is indescribable.

It's more than just responsibility for the child.

[bednobs]

thre is no such thing in law as next of kin - the only reference is in the mental health act which defines the "nearest relative" thus:
husband, wife or civil partner (including a person with whom the patient has been living as for not less than six months);
son or daughter;
father or mother;
brother or sister;
grandparent;
grandchild;
uncle or aunt;
nephew or niece
in that order.
In reality, in the event of the parent dying, a child might not necessarily be cared for by the "nearest relative", or a relative at all. I would imagine social services would become involved and a determination made in the best interest of the child, so for example if te step dad was willing to carry on looking after her, ss/family courts may determine it was in her best interest not to split her up from her sister If you had an objection to this, then i woud imagine it would go to court. So "next of kin" is a red herring really

[hc4361]

Rollo is correct, there is no defined next of kin in law. Your step-daughter should appoint a guardian for her children in the event of her death so that there can be no doubt who should care for the child.
http://www.advicenow.org.uk/living-together/ch ildren/how-to-appoint-a-guardian-html,255,FP.h tml
However, as the child's half-sister is the biological daughter of her step-father, it would be sad to split the children up should the worst happen.

[bednobs]

i meant to add, in the case of the funeral, the person paying calls the shots

[gumboot]

Thanks all for your answers.