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ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 1322
Experience:  Divorce, Finances, Children, Domestic Violence, Care Proceedings
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My daughters father is named on her birth certificate,

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Hi, my daughters father is named on her birth certificate, we were never married, however he has had no contact either by phone or face to face for 18 months. Does this effect his PR and if anything were to happen to me am I able to appoint a legal guardian that isn't her dad?
Hello Emma Welcome to Just Answer I am a Solicitor and will assist you. Please may I ask - why does the father not see your daughter? and how old is your daughter? Kind Regards Caroline
also - who are you considering should care for your daughter in the event that something happened to you? are they a relation? does your daughter know them well? Kind Regards Caroline
Customer: replied 1 year ago.
Hi,If i am honest I'm not really sure, he told me that it was too upseting for him to see her, he also can't manage the phone, he doesn't pay child maintenance either. She is 3 years old, yes I would consider my sister and her husband who she knows well and has regular contact wit.Emma
Hello Emma Thank you for clarifying that for me. A court isn't going to rescind the fathers parental responsibility even if he isn't seeing your daughter. Parental responsibility does however only give him rights on a basic level to information in respect of your daughters health and education. It isn't really in your daughters best interest for her father to come in and out of your daughters life as and when he chooses. The best course of action, if something were to happen to you, would be for your sister and her husband to apply for a Urgent Child Arrangement Order to confirm that your daughter lives with them. The court would consider the father as a possible carer but give that he has shown little interest to date in your daughter and a lack of commitment to her, the court will look for a long term placement for your daughter and if the circumstances remain as they are at the moment then the court will highly likely grant the order in your sister and her husbands favour. This would grant them parental responsibility so that they can provide day to day care for your daughter. The father would still have parental responsibility even if such an order was made in your sisters favour - but this doesn't mean that the court will approve that she should live with him, or even possibly spend time with him - if he remains uncommitted. Your sister would apply to the family court on Form C100. Mark it is urgent. Current court fee is £215. Any agreement reached before something happened to you - the father could try to override - so the best course of action would be for them to wait if somthing did happen and then follow the course of action that I have set out above for you. Kind Regards ***** ***** kindly remember to rate positively so that we receive credit for helping you today
Customer: replied 1 year ago.
Hi Caroline,Thank you so much for your fast and clear answer, I feel less worried about things now. Would it help their case if I named them in my will or is there no need?Of course no problem will leave a review.Regards
Hello Emma Whilst you can do this - the father can still try to override this - so by all means do this - but do make sure that they also apply urgently to the Family Court to get a Child Arrangement Order to confirm that she lives with them. Please do not hesitate to ask if I can assist you further. Kind Regards Caroline
ukfamilysolicitor and other Family Law Specialists are ready to help you
Customer: replied 1 year ago.
Thank you for your help x
Your very welcome Emma x Thank you for using Just Answer :)