- You Don’t automatically have it
Being named on your child’s birth certificate does not give you guardianship, as some mistakenly believe. To be appointed a legal guardian you either need your partners consent, or a court order.
- It Gives You a Say
A legal guardian is entitled to have a say and be consulted when important decisions are being made about your child. These could include decisions on medical treatment, where they go to school, what religion they are brought up in to give just a few examples.
- It Gives you Greater Standing to Influence Decisions
Not only does being a legal guardian give you a say, it gives you legal standing to apply to court if you are unhappy with any decision your partner makes effecting your child’s welfare. This could include a decision to relocate. You also have greater standing to seek custody should the need arise.
- It secures your Position on The Death of your Partner
If your partner died unexpectedly, and has not appointed a different testamentary guardian in their Will, then as a guardian you are automatically entitled to secure custody of your child. If your partner has appointed someone else in their will to have custody, then being a guardian entitles you at a minimum to apply to court for custody.
- It Indicates your Commitment to Your Child
A responsible father will want guardianship, and will seek to be a positive influence in their child’s life, in every way possible.