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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 35299
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My ex-wife and I are divorced and we have a 9 year old

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Hi i am ***** *****my ex-wife and I are divorced and we have a 9 year old daughter. I have a disability so i receive ESA and DLA, i have been unable to work for many years, i have just found out i also have a diseased spine which causes me sever pain, which i am having physiotherapy for.Last thursday the 3rd of May, i saw my daughter as arranged by my ex-wife, she then informed me that she has had two small strokes and has had to make an emergency will. the house shes living in is hers, also living there is my daughter and a lodger, who's just a family friend, my ex-wife has told me that when she dies she wants the lodger to have custody of my daughter, being that i am the father of my daughter, I've understandably hit the roof, but not in front of my ex-wife, i was lost for words, surely the law would look at me being the father, and place my daughter, over a mere lodger, the reason why my ex-wife is saying this is because the lodger has a car so her can take my daughter to school and back, also too after school clubs.
my ex-wife has also said that the lodger would bring my daughter to see me every Thursday for an hour, although i want to see my daughter, i don't want to see the lodger as he's the reason for the marriage break-up.

My name is ***** ***** I shall do my best to help you.

So he is not a lodger at all - he is her new partner.

It does not actually matter because your wife cannot decide who should bring your daughter up after her death.

You will be the only one with Parental Responsibility and if you wish her to live with you then provided you are able to cope that is what is most likely to happen, although it is likely that Social Services will also get involved

The only reason it might not is that once she is a little older your daughter is the one who will decide the issue - provided the option she chooses is safe.

Your best option is to simply smile when you ex mentions this again because you know it will be of no importance

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

Clare and other Law Specialists are ready to help you
Customer: replied 3 months ago.
thank you so much Clare ,
this is also my daughter name as well , I feel that more happier now I spoken to a legal person and I feel that Clare would be safer with me if anything where to happen because there are other things going on which Clare has told me like firearms in the house by the so called lodger which I have mentioned to my ex-wife but she says that Clare dose not touch but Clare has told me different even though it a air pistol I don't what Clare to get involved with something that is so dangerous to her my ex-wife says she don't touch them as she won't let her but i'm not there to see for myself because there live in the countryside at Rhodes Minnis near Folkestone Kent any way thank you once again Clare for your help from Mr J. Alexander.

I hope all goes well for you both