Hi, I am currently going through a nasty and bitter divorce with my STBX, since he left the martial home 12 months ago he has only seen our son for a total of 22 hours, even though I have tried to encourage a relationship between him and our son. I have just won a very large compensation payout for our son which is being put into a trust with me and my sons headteacher (also my best friend) as trustees. I have not added my STBX as a trustee as i fear he will try and use the money to benefit him (partly due to conversations I have had with him in the past). I have been advised to get a will set up so that if anything happens to me he cannot get his hands on our sons money. I also want to appoint my friend as our sons legal guardian if anything happens to me, as although my STBX has joint parental responsibility for our son he has shown no interest in him and I fear that he would not keep up the regular hospital appointments and counciling which our son needs due to his disabilities. Any idea how I go about this and does my STBX have to agree to my friend being a legal guardian if anything happens to me, as I know he is is likely to disagree with this. Thanks
There are a few things you need to do in order to appoint your friend as your son's legal guardian. Firstly, it would be best to confirm with your friend that he is willing to do this. After having done this, you'll need to write your friend as your son's guardian in your will. You should also be able to appoint your friend as trustee of the trust too in this way.
I hope this helps a bit, i'm not sure about whether you'll need his father's consent. That probably depends on the level of contact
but I can't say for sure.