Care of Child stated in will

[OliviaC]

I am needing to have a will drawn up. I am currently partnered, have been together for 6 years and we have a 10 month old child, I also have a 10 year old son from a previous relationship. The biological father has had no contact since my son was four months old. There is no child support order. The man is named on my child's birth certificate. My questions are, if I were to pass away would my partner have trouble keeping my son? What would the court process be? If the person named in my will, who is to take guardianship of my children, would they have to contend with the biological father if both myself and partner passed away? What do I need to do first?

Any suggestions welcome.

Thank you.

 

[Atticus]

My questions are, if I were to pass away would my partner have trouble keeping my son? What would the court process be?

As the biological father he would have the right to apply for a parenting order. He would first have to satisfy all the pre action procedures (mediation)... He would then have to satisfy a judge that after 10 years of no contact, he should have time with his son.. If the 10 year absence was voluntary on his part, then it would much more difficult then if he could demonstrate that he was denied that contact after actively seeking it.

 

[OliviaC]

Thanks so much, I wouldn’t say his initial absence was voluntary, although with today’s social platforms he has never attempted to contact me. I’ve never attempted contact with him either..