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Clare, Solicitor
Category: Law
Satisfied Customers: 34885
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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Hi, I have just been informed by my wife (we are separated)

Customer Question

Hi, I have just been informed by my wife (we are separated) that she has changed her will and if she dies that my son passed to an unnamed party to care for him and not me. Can she do this or as his father will he come to live with me?
Submitted: 4 years ago.
Category: Law
Expert:  James Mather replied 4 years ago.
Thank you for your question here on Just answer. It is my pleasure to try and assist you with this today. Please bear with me if I need to ask for any further information from you in order for me to be able to advise you fully. My name is Law Denning and I am a practising solicitor. I have been an expert on this website in UK law since 2008. During that time, as you appreciate, I have answered thousands of questions from satisfied users on a variety of subjects.

Because we are all in practice with clients and court and other users, I might not always respond in minutes, particularly evenings and weekends. Please bear with me in that case. I will be online and off-line all day most weekdays and weekends.

How old is your son?
Customer: replied 4 years ago.

Henry is 5

Expert:  Clare replied 4 years ago.
Your wife can put what she likes in the Will - but you will be the only one with Parental Responsibility and the only person legally entitled to have the child in his care.
If there is a dispute about the care and the other person applied for a
Residence Order they would have to show that the child would be at risk in your care
I hope that this is of assistance - please ask if you need further details