I certainly worry... my will specifies guardianship goes to my mother; now that she's got lupus & is very nearly wheelchair bound I do fear my ex will delight in sole parental responsibility and keeping DS from my family. Only hope I have is that I have relatives in the legal profession and they MIGHT pick up the ball. Certainly going to discuss it further with a solicitor and make sure I've done as much as I can on my end to make sure my wishes are complied with as much as possible should the worst happen.
+ Reply to Thread
Results 21 to 30 of 30
16-06-2012 17:13 #21
16-06-2012 17:33 #22
If u die and ur child goes to their father, grandparents have legal rights to seek visitation so they can see they're grandchildren..... This is what I was told a couple of months ago while ex and I were setting up our parenting plan
16-06-2012 21:37 #23
What happens if there is not a father? Like, not on the birth certificate, no child support, no contact, etc? My daughter's father and his family would never find out if anything happened to me.
17-06-2012 06:04 #24
17-06-2012 06:40 #25
This scares me also. I would hope DD's father would just continue to see her a few times a year and my mum would be given custody (or one of my 3 sisters).
Sent from my LG-P920 using BubHub
17-06-2012 06:54 #26
If there is no father in any sense of the word, then she would go to whom ever is named in your will, providing you have one. Without contact, or knowledge of your death then he can't contest what if doesn't know. That's my guess anyway and I could only suggest everyone talk to an estate planner/lawyer and discuss their own situation so that there are no nasty surprises. Death unfortunately brings out the worst in people
The Following User Says Thank You to Maia For This Useful Post:
17-06-2012 07:56 #27
Be explicitly clear in your wishes when writing a will, include evidence of why you are, or aren't, selecting a certain person to care for your kids, include your wishes for the maintenance of family contact, and make sure you have it validated by a solicitor. Don't use one of those DIY will kits (they are valid, but they are more likely to be successfully contested). Kinship care is always preferred by the court, but that doesn't mean blood relations. If your child refers to your Neighbours as Aunty Mabel and Uncle Fred and counts their two kids as "cousins", then if they agree to guardianship if you pass, that's often enough for the courts. They can write a supporting document that is filed with your will too. grandparents and other extended family, especially when there is strong evidence of a relationship, can apply for a court order to have access to the child - so even if a child is taken to,say, NZ, the courts can order regular contact (often ordered to be paid for by the relative seeking the ongoing contact).
The legal system likes things to be simple,and there is more awareness of kids' rights and supporting their wishes. Talk to you kids and let them know your plans. They need to be able to speak up (if they are old enough) so everyone's wishes are supported.
I hope this helps.
The Following User Says Thank You to Wickedly Happy For This Useful Post:
17-06-2012 07:59 #28
My eldest has never met her father. He lives in Canada, doesn't want to be a parent and only pays child support because I legally forced him to. If I died he would only know because the CSA would tell him, but my family would have no way of contacting him. I hope that he would go some way to check she is taken care of but he he denies any parental responsibility for her, so perhaps he'd just be glad there was no longer anyone to remind him he has a daughter.
17-06-2012 08:31 #29
No, I would not want them to be informed. My daughter will go to my grandmother and would see other family the same as now, except my little brother she would see a few times a week instead of every few weeks. It's in my will and I don't see who would contest it. My father in Victoria who has been up twice, and the first time didn't even see her? Hmm, I don't think so lol.
17-06-2012 14:33 #30
I know I have repartnered but I worry about this as well.
I have no idea what would happen to dd if I were to die. I would hope that if dp and I had children together a court would want her to stay with her siblings and a man who has been in her life longer than her own father... But I dont know what would actually happen.
Also, what if I die before I have more kids? Will a court really choose to have dd remain with childless dp who I never married? Would her father say he wants her? That part worries me a lot because he has made no effort to send her so much as a birthday card for a few years now... She would be taken overseas to a man she knows rejected her, his partner who is a horrid cow and away from all people and places she knows.
If she were in the care of my family or dps family, would the ex's family kick up a stink because they would worry they'd get no part in her life again? Or if she went to live with the ex's sister would my family feel left out as that would require a move over te other side of the country?
Tbh I think I'd want her to stay with dp... But would he even want to be a single dad to a child who is not his own?
It's all so worrying and scary... And all I can do is to try and not die.
By singledad2768 in forum Single ParentsReplies: 2Last Post: 18-09-2012, 07:39
By Ms Mummy in forum Single ParentsReplies: 13Last Post: 16-06-2012, 17:56
Sudocrem / InfacolSudocrem® Healing Cream is a soothing emollient cream which aids and assists in the management of nappy rash, eczema, ...
LATESTWhy it is OK for your child to be differentWhat is a blessing way? How is it different to a baby shower?7 ways to break the ‘mumnotony’ at home
POPULARWhen can I start giving chores to my children?New baby nursery checklist – a guide to newborn essentialsWhat to pack for labour and hospital – a checklist
FORUMS - chatting now ...
TTC #1 - Conception & Due Date TimingConception & Fertility General Chat
Albert?Choosing Baby Names
Married At First Sight 2017Movies / Music / Books / TV Chat
IVF babies due Sep/Oct/Nov 2017pregnancy and babies through IVF
Any thoughts on my mysterious toddler? :-)General Parenting Tips, Advice & Chat
IUI - first time fertility treatmentNon-IVF fertility assistance
Show me your lunchbox 2017!!Recipes & Lunchbox Ideas