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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34105
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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the mother dies having solely legal responsibillity a will

Resolved Question:

the mother dies having solely legal responsibillity a will has been made leaving the minor in the care of the stepfather does he still need a legal ghardianship and what rights do the grandparents have
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
Is there a father named on the birth certificate and how old is the child?
Clare
Customer: replied 3 years ago.

The father is named on the birth certificate but according to new lsw he dosnt have parental responsibility due to the daughter being born april 2003which puts her at 11 later this month

Customer: replied 3 years ago.

Also hes really bothered with her an not had regular access an never paid maintainance he also signed over any rights when they emigrated to new Zealand the family returned back last may no contact with his daughter only when the mother died

Customer: replied 3 years ago.

Its the grandparents on his side trying to take there grandaughter she was my sister an she died of cancer I promiced I would do whatever it took to keep her with her stepdsd as that is whst she wsnts yo sysy in the family home with her eldist brother whom is 18 an also has eldet sister of 22

Expert:  Clare replied 3 years ago.
Hi
That is fine
What do you mean then by "he signed over any rights when they went to new Zealand"?
Clare
Customer: replied 3 years ago.

My sister needed permission to take her out of the country

Expert:  Clare replied 3 years ago.
Hi
That COULD suggest that he has acquired PR in some way - are we certain that he had not?
Clare
Customer: replied 3 years ago.

Not that im aware of

Expert:  Clare replied 3 years ago.
Hi
In that case the Will gave the Step father a form of Parental Responsibility in any event.
If he wishes to be secure he could back this up with a Residence Order but there is no absolute requirement to do so
The grand Parents can ask the court for permission to apply for Residence/contact
The permission is likely to be granted but there is little chance of them gaining Residence unless this is what the child wants - contact however IS likely to be granted
I hope that this is of assistance - please ask if you need further details
C;are
Clare and other Family Law Specialists are ready to help you
Customer: replied 3 years ago.

Does this still apply even if they weren't married

Expert:  Clare replied 3 years ago.
Hi
Provided that he was named as Testamentary Guardian in the Will yes
Clare

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