Red101Dragon
Junior Member
What is the name of your state (only U.S. law)?
UK Law**************
We are expecting our first child and considering guardianship within the will.
We plan to make my brother and his long-term girlfriend (note: no intention to marry) guardians of our child upon our death.
the questions we are uncertain of:
- If they break up then how is paternal rights to the child resolved? Equal rights? or through amicable agreement? Or could this be expressed in our will at the same time as defining the guardianship. The key points are to protect my family so that in the event of break-up the child is not permanently with the mother and away from the remaining family (ie grandparents). However, at the same time, my brother's partner needs some protection that on break-up she would have some rights. Therefore, giving just my brother guardianship doesn't work as it gives her no rights even though she would effectively be the child's mother.
can this be defined in our will to ensure that rights would be as agreed amicably or failing amicable agreement then equal rights? I would need to ensure that my brother's rights on a split were at least equal as would not be comfortable with a 'bad' break-up leaving my family without the child as the girlfriend ended up with full rights.
Thanks in advance
UK Law**************
We are expecting our first child and considering guardianship within the will.
We plan to make my brother and his long-term girlfriend (note: no intention to marry) guardians of our child upon our death.
the questions we are uncertain of:
- If they break up then how is paternal rights to the child resolved? Equal rights? or through amicable agreement? Or could this be expressed in our will at the same time as defining the guardianship. The key points are to protect my family so that in the event of break-up the child is not permanently with the mother and away from the remaining family (ie grandparents). However, at the same time, my brother's partner needs some protection that on break-up she would have some rights. Therefore, giving just my brother guardianship doesn't work as it gives her no rights even though she would effectively be the child's mother.
can this be defined in our will to ensure that rights would be as agreed amicably or failing amicable agreement then equal rights? I would need to ensure that my brother's rights on a split were at least equal as would not be comfortable with a 'bad' break-up leaving my family without the child as the girlfriend ended up with full rights.
Thanks in advance