Hi, thank you for your question and sorry to hear about your daughter's situation. Just a bit more information required:
-Were the parents married?
-What have the arrangements been for the father to see the child?
-What relationship has your son had with the child to date?
Thank you for confirming. The father does not have parental responsibility but as he is the biological father it would be usual for the child to be placed with him upon her death.
However, given that there are concerns about the level of care he will provide to the child it will be for your son to make an application to court, initially for leave to apply as he does not have parental responsibility and if leave is granted to pursue a child arrangement order for residence to the child's local family o court under Form C100 together with a £215 court fee to your local family court for a child arrangement order and the court can make a decision regarding the matter. For your information the Court will take into consideration the following when making a decision regarding the application:1.The wishes and feelings of the child concerned2. The child’s physical, emotional and educational needs3. The likely effect on the child if circumstances changed as a result of the courts decision4. The child’s age, sex, backgrounds and any other characteristics which will be relevant to the court’s decision5. Any harm the child has suffered or may be at risk of suffering6. Capability of the child’s parents (or any other person the courts find relevant) at meeting the child’s needs7. The powers available to the court in the given proceedingsIf you have any further questions regarding this please let me know. In the meantime if you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for answering your question without a positive rating. Thank you
My name is ***** ***** I have been a solicitor for more than 30 years
I am so sorry for your tragic positions
However I need to be honest with you about the position.
However inadequate a person he might be the court is going to be very reluctant to cut the ties between the father and the child.
In addition the fact that he barely knows your son and his wife will be another major problem.
However the one thing your daughter MUST do is write a Will appointing her brother and his wife as Testamentary Guardians of the child
This will give them a form of Parental Responsibility on her death which will strengthen their position as at that point they will be the ONLY people with Parental Responsibility.
Please ask if you need further details