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 15:56:47 · 5 answers · asked by Constance Olivia 4 in Politics & Government ➔ Law & Ethics
No, you can't.
Unless the father's parental rights are terminated, he will have custody if you die.
If he is unfit, other interested parties could come forward to contest custody. In most states, they would have to prove that the natural father is an unfit parent and that it is in the child's best interest to be awarded to them (or some other person). If you designate the Uncle and Aunt as your choice of custodians, the Court would take that into consideration and likely give it substantial weight if father is unfit. I don't believe there is any state that would rule on fitness prior to an actual custody issue arising. Too many things can change.
You could try to have the father's parental rights terminated now, but that is usually next to impossible unless it is to make the child adoptable. Usually parental rights will not be terminated unless it is to free up the child for placement with a non-parent or the State. That's not necessary when it is the other parent who is getting custody.
You need to talk with an attorney in your state for your options and the best means of perpetuating your desires. In the meantime, eat healthy and try not to die.
2006-08-07 16:23:31 · answer #1 · answered by Anonymous · 0⤊ 0⤋
Yes. You are their guardian. If you can prove that the other parent is "unfit", then you can decide who is to care for your children when/if you are not able to any longer. A judge will be looking at who has the best interest of the children in their agenda. Your papers granting you sole custody of your sons I would think, should be enough. But just in case, your lawyer would know all you need to do.
I would also create a will. If you designate someone to control your money, then it wouldn't be the guardian of your sons benefiting monetarily from the position. Maybe another family member could be the person that the money goes to. Again, I would speak to a lawyer.
2006-08-07 16:06:15 · answer #2 · answered by volleyballchick (cowards block) 7 · 0⤊ 0⤋
If you have legal custody of your sons, it is your right to pass on this custody to another party through your Will upon death if your sons are still minors when you die. However, if there are any concerns expressed about the fitness of whomever you choose, there may be a custody hearing to deal specifically with that matter apart from the balance of your Will. You should ask a Lawyer to draft that section for you to make sure that your choice would be 99.9% respected by the Courts, as well as specify how any monies owing to your sons will dealt with ... so your chosen guardian doesn't decide to spend it all before they turn 18.
2006-08-07 17:07:34 · answer #3 · answered by Angela B 4 · 0⤊ 0⤋
Erudite and Volleyball girl are completely INCORRECT! You cannot "will" your children to anyone. They aren't property.
Robert is correct when he says that, if you die, the father will get custody. Others can come forward and file for custody, but they will have to prove that the father is unfit before they can get custody of the children.
The best option is to not die until your children are adults! I know, I know. You can't always guarantee that. But that's basically the only way you're going to be able to keep their father from possibly getting custody of them.
2006-08-07 17:01:06 · answer #4 · answered by Mama Pastafarian 7 · 0⤊ 0⤋
Yes
2006-08-07 16:06:59 · answer #5 · answered by Anonymous · 0⤊ 0⤋