Will the child's situation remain the same if I die?

Questioner

I will soon pass away and have an 11-year-old child. This child lives with me and my partner (his stepfather). The biological father is in the picture, but my child and the father only meet occasionally. There is no written contact arrangement, but they see each other for a few hours once every two weeks. If I pass away, I would like my child to continue living with his stepfather. I also want the situation with regard to his biological father to remain as it is. In my will, I have appointed my partner as guardian. My question: does my partner still need to arrange anything to maintain the situation as it is now?

Lawyer

Based on the information you have provided, it appears that your spouse, as the child’s stepfather, is the most logical person to assume guardianship after your death. By naming your spouse as guardian in your will, you are indicating that you want him to assume responsibility for raising and caring for your child. However, the fact that the biological father is still in the picture and has sporadic contact with your child can complicate the situation. If the biological father does not agree with maintaining the current situation, he may try to obtain custody or change visitation arrangements. To ensure that the situation after your death remains as much as possible as you wish, it is advisable to consult a notary. He or she can help you draw up a detailed will and take the necessary legal steps to record the intentions regarding guardianship and visitation arrangements. In addition, it is important to realize that the judge always puts the best interests of the child first when making decisions about custody and visitation arrangements. If the biological father starts formal proceedings or objects to the current situation, the judge can review the case and possibly make a different decision than what is stated in your will.