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Ask James Mather Your Own Question
James Mather
James Mather,
Category: Family Law
Satisfied Customers: 1390
Experience:  Senior Partner at Berkson Wallace
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I lived with my partner for 8 years ,in her 3bedroom council

Customer Question

I lived with my partner for 8 years ,in her 3bedroom council house,we have a daughter of 3 years old,my partner died off lung cancer, last year may my name is ***** ***** birth cirtificate,but the partner willed my daughter to her brother. there was never any violence between us, but she was claiming benifits,while i was living there,and somone told the social that i lived there.Her brother is the legal guardian but i want sole custody of my daughter, he has no children of his own,and i have my daughter every weekend, she tells me that she misses me and wants to stay with me for ever ,i have my own flat and i want sole custody can this happen? i believe that the cancer made her charactor change ,and ive never been out of my daughters life ,its really getting me down !
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
For clarity - you were named on the birth certificate at the time of the child's birth.
Your partner made a Will appointing her brother as Testamentary Guardian and her brother took over the child's care - there were no court proceedings involved?
is that correct?