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michael holly
michael holly, Family Solicitor
Category: Family Law
Satisfied Customers: 7072
Experience:  BA Hons degree Law , Solicitors finals, 20 years experience, trained family law mediator.
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Hi my eldeset daughter who is 5 is not my husbands biological

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Hi my eldeset daughter who is 5 is not my husbands biological daughter. Her biological father does not have any guardianship rights and only sees her occasionally. Can i make my husband her legal guardian in my will should anything happen me and can i change her surname by deed poll?
There is nothing to stop you naming your husband as the guardian of your daughter in your Will. However, this is an expression of desire and whilst, in the event of your death, a court would consider that you did so it does not mean it is legally binding. The court considers blood ties very important but also strongly believe in continuity and if your daughter is happy with your husband would not disrupt things lightly.
The same applies to changing her name, because the court believes blood ties are important you will need either the father's permission or a court order to change her name.
I hope this helps. If there are further points please reply
Best wishes
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