Question for Solictors regarding guardianship of sister

ThatOtherGuy

Hey peeps, I'm wondering if a solicitor would even look at this case and say it has any chance of winning.
Basically, my mother and I are wondering if it's legally viable (notice I do not ask possible) to remove my sister's father as her legal guardian, leaving our mother as sole legal guardian, thus meaning in the event my mother dies or is unable to take care of the sister, I or one of our other siblings could take her in without any challenge from the father.
Here are the details
1) Mother is 50 years old, and currently still considered married in the eyes of the law, despite the fact that it's been 18-19 years since her husband (my father) was removed from the house. My mother tells me she spent a great deal of time and effort to try to get a divorce but could not obtain one because, as she explains, he was nowhere to be found and thus could not sign the relevant paperwork. She has given up on obtaining the divorce. This husband is NOT the father of the sister in question.
2) The sister in question is the only child of our mother still a minor. All other children are full grown adults who have flown the coop.
3) The father of the sister was a live in boyfriend for a period of a couple of years, but not a husband (due to her still being legally married). At some point, he got violent and was removed from the house. He has not seen or made any attempt to see his daughter since she was about two. She is now just shy of nine years old.
4) The whereabouts of my sister's father are unknown. We have his facebook account, but it is private and no attempt at communication with him via FB have been made.
5) I have been told the father is down on paperwork as being an official legal guardian.

My mother does not wish to purse the matter, but I am of a different mind. She is 50, and not in the absolute best of health. She thinks that as long as she makes a will, that would somehow trump any claim the father would or could make. I am dubious, and wish to know if it is at all viable to fight this. In the event the worst happens, I don't want to have to fight the father on top of everything else.
Any thoughts from law people?

Mod
Sorry no legal advice allowed on this forum. Subject to that leaving open for general discussion

Victor

At this time, the child's legal father may be the mother's husband. If procedures have been followed, this may be different.

Given that things are slightly complicated, talking to a solicitor who specialises in family law may be useful. You don't necessarily need to act, just get an explanation and advice.

ThatOtherGuy

Victor wrote: »

At this time, the child's legal father may be the mother's husband. If procedures have been followed, this may be different.

Given that things are slightly complicated, talking to a solicitor who specialises in family law may be useful. You don't necessarily need to act, just get an explanation and advice.

The husband as I have said has not been seen in close to twenty years, and he is of no relation to the sister in question. I'll see about talking to a solicitor next week.

Victor

ThatOtherGuy wrote: »

The husband as I have said has not been seen in close to twenty years, and he is of no relation to the sister in question.

As I understand things, the husband of a married woman is presumed to be the father of any children she has during the marriage.

randomrb

You need to go to a family law solicitor to deal with this simply because this area is extremely fact based and can depend on the local judges attitudes as much as anything.

In saying that it can be very difficult to remove someone as a guardian, you would need a very good reason behind it and the father would get a chance to oppose it which may open up a whole new can of worms if he isnt aware he is the guardian etc

ThatOtherGuy

Victor wrote: »

As I understand things, the husband of a married woman is presumed to be the father of any children she has during the marriage.

Not in this case. He was removed from the house ten years before this youngest sister was even born, due to some shall we say extremely bad charges against him, that sadly never went to court. There is a paper trial according to my mother of her having sought a divorce from him (ultimately to no avail). I would be able to offer testimony, along with my adult siblings, that he could not possibly have been the father.

ThatOtherGuy

randomrb wrote: »

You need to go to a family law solicitor to deal with this simply because this area is extremely fact based and can depend on the local judges attitudes as much as anything.

In saying that it can be very difficult to remove someone as a guardian, you would need a very good reason behind it and the father would get a chance to oppose it which may open up a whole new can of worms if he isnt aware he is the guardian etc

I am going to talk to a solicitor, and according to my mother, he is down on documentation as a legal guardian and he did initially live with the two of them, before having to be removed. Since then, he has not made a single attempt at any kind of contact.

Claw Hammer

Victor wrote: »

As I understand things, the husband of a married woman is presumed to be the father of any children she has during the marriage.

That is a presumption, and like all presumptions, it is rebuttable. On the facts given here it would be easily rebutted. In fact given advances in DNA testing it is probably an obsolete rule.