If I pass away, who gets my children?

Question

I have sole custody of my children and their father only has visitation. I want my brother to have them, not their father.

Answer 1

Sorry, dad has first crack. He is the birth father.

Answer 2

Dad does not always have first crack at it. My nephew was divorced a few years ago and he had a daughter with the ex. He has custody of the son and then the mother passed away, girl is 9, the step father and grandparents from the ex wife filed for custody because they wanted her to stay with the sister from that marriage. My nephew has an excellent job, nice large home, good father, never failed to pay child support and lost in court. I'm sure it can be overturned but he still lost. You never know what a judge will do. Make a will stating that you want them to go to your brother now and put it in a safe deposit box. My only problem is why do you want to keep them from their father? Does he visit, does he pay his child support? If he does and is a good father don't let your problem with him reflect on him getting to raise his own children. Nobody can love them as much as the parents can.

Answer 3

You should make a will. In your will, you can specify that if you die, you want your brother to be the guardian.

Normally, if one parent dies, the other parent gets the children. However, if there is an issue with the other parent getting the kids or both parents die, it is up to the courts to decide who will get the kids. It is helpful to sign some sort of document indicating who you would want to care for your children - this will assist the court in deciding who should get custody.

Do you know if the kids' father would want custody? You can discuss it with him now, and perhaps you could both come up with an agreement to let your brother be the guardian, with visitation continuing for their father.

Answer 4

You should state in your will that you want costody to pass to your brother. However, all that will do is make sure that your brother CAN bring a custody case against the birth father. For him to win that case, we will have to prove that the birth father is unfit to raise the kids. So if you have any such proof, you should leave that in the hands of a lawyer and put instructions in your will for your brother to contact that lawyer.

But if the father is not a danger to them, your brother doesn't stand a chance.

Answer 5

If you state in a will that you want your children to go to your brother, that's most likely what would happen, but it would be best to use a lawyer to make sure it is all done properly so that their father cannot challenge it.

Answer 6

If you want your brother to have your children, you'd better put it in a will. If not the children's other parent will get them. If your children's other parent is not living, or is incarcerated, or any other relative is not living, then the State would take your children, place them into foster care. Have a will made out, with specific instructions.

Answer 7

Definately dad, but you can ask lawyers about this and they will help you. The only way for the uncle to get the child is if he sues and has evidence that the father is unfit for parenting.

Answer 8

If you wish for your brother to have them, then you must see an attourney and have it put in your will that when you pass, your brother will have power of attourney/sole custody over your children.

Answer 9

You should be able to specify in your will if you have custody, espcially if there are abuse issues...check with an attorney. You should definitely have a will if you don't already, that kind of planning and foresight might help sway a judge if it comes to that.

Answer 10

The birth father gets them, unless he respects your wishes and gives them up to your brother.

Answer 11

Yep, dad has rights. Your brother could sue for custody if he could prove that dad is an unfit parent.