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Ask Clare Your Own Question
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 35574
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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I am divorced from my husband, my 14 year old daughter has

Customer Question

I am divorced from my husband, my 14 year old daughter has not seen her father in 16 months. No court order in place. If something were to happen to me , would my daughter be forced to live with her natural father where there is no relationship OR could something be put in place so that she could continue to live with partner where we both live and this is her choice ? Would marriage make a difference ?
Submitted: 10 months ago.
Category: Family Law
Expert:  Clare replied 10 months ago.

My name is Clare

I shall do my best to help you but I need some further information first

Would she wish to stay with your new partner?

How long have you all lived together?

Customer: replied 10 months ago.
Hi Clare, yes she would wish to stay with my new partner. He is her best friends dad, best friends for over 10 years. ( mother died ). We have been friends all of that time and been together for nearly 2 years and moved in last couple of months . Vikki
Expert:  Clare replied 10 months ago.

Then you need have no major concerns.

Whilst in the event of your death before she was 16 then legally her father would be the only one with Parental Responsibility; your partner would be able to apply to the court for a Child Arrangement Order that she lives with him - and given her wishes this is what would happen.

It would help if you made a Will confirming that you wish him to be a Testamentary Guardian - but it is not necessary!

I hope that this is of assistance - please ask if you need further details