Guardianship?

carbob

Hay everyone just need a bit of advice, okay I am not going to go into the whole story way too much to go over and too little time.
Here goes, the father of my Daughter has got Guardianship through the courts, he pays maintenance when ever he feels like it, has not helped with getting anything she needs since she was born even though I asked numerous times for help (not the issue at the moment) he does not believe in religion or any injections like the MMR ect.. God only knows what his views on schools are, he has supervised visits once a week in my parents house(which is where my Daughter and myself live) he attends when he feels like it not letting me know he wont be there. I was just wondering does anybody know if anything ever happens to me God forbid does my Daughter automaticly go to him? Normally this would not bother me but lately its been keeping me up at night! Any knowledge on this would be great.
Thanks.

edellc

maybe someone will correct me but as far as I know if the legal system see him fit to have equal right to his child then yes if you where to pass away then he would take over as primary career.

If you are not happy with this then its up to you to prove he is an unfit parent to the courts and to show them that maintenance is not getting paid regularly and that visitation is being missed, keep records of each and when you have built up a decent record you can take him to court.

Also you can write a living will, outlining how you want your child brought up in regards to schooling, religion and who you feel is the best person to take on your child should you die, it may not be legally binding but it could be used if something happens to you by those left behind to fight for the best interests of your child.

If it is playing this heavily on your mind I suggest you go to a solicitor and talk about what is the best option for you in relation to this matter, that way you are clear once and for all and can take the appropriate steps to ensure the well being and safety of your child should you be unable to provide such things in the future.

sophia25

You can nominate someone as "testamentary guardian" who will step in to replace you. It won't take away Father's rights but the courts will be asked to decide custody/ access arrangements based on best interests of the child. If the child has a better relationship with the testamentary guardian than the father, the courts should rule accordingly. Well worth making a will and for your child to have strong relationships independent of you, if you are worried about the future. Hope this helps.

Fromthetrees

I think grandparents can be awarded guardianship of some form, maybe if your parents got this and something happens you, and the child already lives in their house, and assuming they want and you want them to take responsibility of your child than the whole process might go relatively smoothly.

If you would want your child to go into state care than the father would have to be extremely incapable.