Will and Child Custody

Aneta Papatolios

Will and Child Custody – What You Should Know

The death of a parent is one of the most difficult situations a child can face. In addition to the emotional pain, there is also a practical question – who will take care of the child? In the UK, the court decides the child's future, and it may place the child in foster care – even if there are close relatives abroad or in the country who could take care of them.

Why is it important to make a will?

Parents who make a will can influence who will take custody of their children in the event of their death. In a will, they can appoint a legal guardian – someone they trust to provide a safe and loving environment. This person may be a relative, but it’s not required – what matters more is the trust and emotional bond.

How does a will help the court?

UK courts make custody decisions based on the best interests of the child. However, if the parents named someone specific in their will, the court will take this into account. This can significantly ease the decision-making process and help avoid placing the child with strangers.

What happens if there is no will?

If there is no will, the consequences may include:

  • The child being placed in foster care in the UK.
  • Close relatives from abroad may not have priority.
  • Decisions made without knowing the parents’ wishes.

Summary

Creating a will is a responsible act of care for your child's future. It is a document that can make a huge difference in a difficult time and protect the child from further trauma. It is worth considering today – not only for yourself, but above all for the well-being of your children.

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