I have custody of my 14 year old sons. If something happens to me I want my sons to be raised by their Aunt and Uncle. Their father has nothing to do with them now. He has his own agenda and life style. He has a drug problem. He is presently homeless, and always out of a job. I don't want my sons to grow up in that environment if something happens to me. Do I have to prove him unfit now? I know their father would just take them for the life insurance and Social Security benefits. He has no desire to raise them.
2006-08-07 15:56:27 · 9 answers · asked by Constance Olivia 4 in Family & Relationships ➔ Marriage & Divorce
different states have different laws I would seek the advice of an attorney
2006-08-07 16:04:29 · answer #1 · answered by sashaaspen 4 · 0⤊ 0⤋
I would definately think you have to prove that now. Does he have visitation with them and does he provide child support? I would seek legal advice, as I would think that the children would automatically go to the other parent living. That is what I have been told, so you need to find out what to do in this case. Are you remarried and if you are would the biological father be willing to have your husband adopt them? That is an alternative if the bio father wants out from under any obligations, but would you trust that the boys would be fine with the adopted father? Good luck as this is such a frightening thing to think could happen if the other parent wouldn't make a good role model.
2006-08-07 23:06:20 · answer #2 · answered by Geez Louise 4 · 0⤊ 0⤋
This is best answered by an attorney who specializes in divorce law. On the surface I would say yes. And regardless of how it is done there will probably have to a determination of his unfitness - but again, seek rea legal advice. It is worth the cost of a few hundred dollars to make sure tha tif something does happen, you will not have any questiopn about the welfare of your children.
And this is not the forum to get good, sound legal advice.
2006-08-07 23:04:45 · answer #3 · answered by mjh3056 2 · 0⤊ 0⤋
You can designate who the guardians are in a will. Contact a lawyer and have him draw up the paperwork and also insure the Aunt and Uncle know and have no problem with the arrangements...
2006-08-08 02:10:31 · answer #4 · answered by eldertrouble 3 · 0⤊ 0⤋
My mother and step dad went through this with me and my sisters and the attorney told them that they could appoint anyone to be the guardian of us however that did not mean that they would retain custody if our father decided to fight it. If he wanted us to live with him that he might win but any money due us would remain with the guardian and they would see to it that we were provided for finacialy and in most cases with no money to get the louse of a parent won't fight for the kids anyway.
2006-08-07 23:52:50 · answer #5 · answered by Martha S 4 · 0⤊ 0⤋
Since you need legal advice here is a site where you can chat live with an attorney at http://www.lawyers.com/ on this site you also can find you someone to help in your town just by looking at your town lawyers names.
If you cannot afford an attorney call your legal aid and get the phone number of a Pro-Bone-O lawyer that can help you at no charge if they see it fits in their guidelines by which they have to follow.
2006-08-08 09:55:32 · answer #6 · answered by Anonymous · 0⤊ 0⤋
My best friend is going through something like this. the father of her 2 girls does't want anything to do with them. So in order for him to sign off all rights to the girls she has to drop child support. he was over 6 grand in back child support cause he didn't want to pay it. I would go to a lawyer.
2006-08-07 23:03:14 · answer #7 · answered by Jen 2 · 0⤊ 0⤋
you need to go to court and have his writes takindg from him, because if you dont then yes he could step in if something would happen to you.now in the state i live in once a child turns 14 then he or she can tell the court who they want to live with, but that is only if he or she dont get a long with there parent at home. good luck.
2006-08-07 23:05:24 · answer #8 · answered by dianna26836 2 · 0⤊ 0⤋
Stipulate this matter in your will. At this age the child is usually asked where he would like to live, but your wishes will come true. >:/
2006-08-07 23:03:32 · answer #9 · answered by Teacher 6 · 0⤊ 0⤋