DK konsult

Child Custody Testament

A child testament is a statement from one or both parents about who should take care of the children if the parents die. Thus, with a child testament, you can help determine who should have custody of your children if you are to go away.

What is a Child Testament?

With one child testament You can have an influence on the Family Law House’s decision on who should have custody of your children if both parents should leave while the children are young.

In the children’s foundation, you may want custody to be granted to either an individual or a married couple with whom you and your children have a good relationship. That way, you can help ensure that your children get a safe upbringing in a familiar setting if anything should happen to you. Therefore, it is a good idea to make a child testament if you have children under 18.

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Why should I make a child testament?

Many believe that it is the children’s godparents who take over custody if the parents die. However, this is not the case, as there are no legal ( or financial ) obligations for the title of godparents.

If children become orphans, it is the Family Law House that decides who should have custody. In this connection, the Family Law House will inquire among family and close friends to investigate who can and wants to take care of the children.

However, with a children’s testament you can influence the decision of the Family Law House. The Family Law House will go to great lengths to take your wishes into account if you have indicated them with a child testament and will only depart from it, if the interests of the children speak against the wishes of the child foundation.

It is an advantage for you to make it easy for the Family House to understand the background of your wishes in the children’s foundation. Therefore, it is always a good idea to give a reason for your choices as it makes it easier for the Family House to make a decision in accordance with the children’s foundation.

How do I make a child testament?

DKkonsult allows you to quickly and easily create one child testament online. As soon as you have completed our form and paid, you will receive your child test immediately.

When you make one child testament, you can also choose whether the designated guardian should receive a financial grant in the form of a lump sum taken from the children’s legacy.

Who can use a child testament?

This child testament can be used by:

  1. A parent who has custody alone and wants to have an influence on who should have custody of the children should this parent go away.
  2. One parent who has custody alone and wants custody not to be assigned to the other biological parent.
  3. Two parents who share custody and agree on who they want to have custody if they both go away.

You should be aware that you cannot deprive the custody of another parent with a child will if he or she already has custody. See the section below on opting out of biological parent.

Deselecting another biological parent

If you alone have full custody of the children and leave, the Family Law House will, as a rule, assign custody to the other biological parent. Although the biological parent is often the natural choice, there may be circumstances where the person is not the best possible to take care of custody.

This may be the case, for example, if the longest-lived parent has had only very limited / no contact with the children or certain health / social conditions. With a child testament, you can request the Family Law House that custody is not attributed to the biological parent and justify this desire.

Therefore, it is a good idea to make a child testament if you believe that it is not in the children’s interest that the biological parent gets custody.

 

How do I make the child testament valid?

Once you have completed the form and paid, you will receive yours child testament immediately. After that, it must be dated and signed by the parent (s) with the custody, which can be easily and safely done with NemID or MitID. The children’s foundation will then be valid, and thus there is no requirement for registration, knowledge of witnesses, legal assistance or the like.

It is important that the Family Law House becomes aware of the children’s foundation if they are to decide on custody. You can do this in two ways: 

  1. You can either hand over the child’s test to the person or persons you want to have custody of your children. 
  2. However, another and safer method is to have the child’s foundation stored with a notary. In this way, the Family Law House will automatically be announced with the children’s test in the event of your / your death. You can easily choose a notary when making your child testament with DKkonsult.

 

If you regret a child will

If at some point you are in a situation where your wishes have changed or you otherwise regret the child will, you can revoke it at any time, unless the will is made irrevocable. If the child test is stored with a notary, contact this person for recall. If the child test simply exists as a physical piece of paper, you can simply tear the document to pieces. However, all relevant persons should be informed of such changes.

Get started today by pressing ‘ Order Child Custody Testament now ’ below.

 
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