I split from my violent, cheating husband about 10 months ago. He does not pay for or show any interest in his daughter and says he does not love her. We live far away from him now but i was wondering if god forbid anything happened to me, if he would automatically be given responsibility, i ask this as i feel i must make a will to state my requirements. Does anyone have any info as i need to know what would happen to my daughter for my own piece of mind. my parents would gladly take custody but is this allowed?
2006-10-23 11:03:29 · 33 answers · asked by Bunglezippy 1 in Family & Relationships ➔ Other - Family & Relationships
Yes if you put in your will that you require your parents to take her and they agree, it IS allowed. Seek the advice of a solicitor so your wishes are all written down correctly. Good luck xx
2006-10-23 11:05:21 · answer #1 · answered by sue l 4 · 1⤊ 1⤋
Well, I think that you need to consult an atterny. They can get your side of the story and then docket the violence from your husband. Then you can get a legal documet that give whoever you want the custody over your daughter. That is only possible if you have full custody of the child.
2006-10-23 11:07:44 · answer #2 · answered by J-Bird 2 · 0⤊ 0⤋
If something did happen to you right know yes the sperm Donner X of yours would get the child. I would have a legal document drawn up by a family law attorney which would deny him all his rights especially if he really is the person you have described him to be. Don't leave it in your will and wait for your parents or someone else to deal with this deal with it NOW get him out of your child's life for good NOW. I don't think he would contest the courts if he doesn't love his own child and gives up every right to her.
2006-10-23 11:13:04 · answer #3 · answered by oreo29 2 · 0⤊ 0⤋
Yes its absolutely allowed. You need to leave it in a will though. You also need to get some sort of documentation of the abuse you abstained from that loser if you haven't already. I was in a relationship with an attorney for four years and we did divorces and custody cases, I worked along side him all those years, contact an attorney if you need to, but i'm telling you right.
2006-10-23 11:14:49 · answer #4 · answered by Kelly D 2 · 0⤊ 0⤋
I am a single parent, and I have made my will, and my will does state that should anything happen to me, my daughter's guardians will be my parents. So yes it is allowed. Your X, will then have to apply for custody at that point probably.
Have a look at the following link, I'm not sure it has anything about a parent dying, but its worth a look, as it tells you loads of other usefull stuff.
All the best.
http://uk.f262.mail.yahoo.com/dc/launch?action=welcome&YY=783045721&.rand=2daue1mrfsg9f
2006-10-23 11:09:44 · answer #5 · answered by bizzybee 3 · 0⤊ 0⤋
I live in alabama and my boss was doing some things with his estate for his children. he explained it to me as if i died my ex hubby would get the children will or no will as he is the father. if my ex-hubby was dead also then my children would be turned over to the state and my parents or his parents would have to petition for custody if there was no will stating where the children would go. if your ex-hubby doesnt want anything to do with the child then the best thing to do is get him to sign away his legal rights and then draw up a will stating who would have custody. the very best thing to do is call a lawyer and ask them to tell you for real what will happen in your state :)
2006-10-23 11:10:11 · answer #6 · answered by ~bashyful~ 2 · 1⤊ 0⤋
If you have full custody right now, your parents or any other person that you trust can take custody, write it in your will and state your reasons why. Talk to a lawyer if you have any other concerns about it.
2006-10-23 11:08:05 · answer #7 · answered by teka kat 2 · 0⤊ 0⤋
A judge would make the ultimate decision. You could file a guardian ship and power of atty to your parents in case anything happens. Your ex "could" file for immediate custody on basis he is blood relative. You could move to terminate his parental rights based on the laws in your state.
2006-10-23 11:06:17 · answer #8 · answered by julie l 3 · 0⤊ 0⤋
oh i am sorry that your ex feels this way about his daughter, that is very sad to hear, if something did happen to you, then you could always pre-plan for her to stay with a relative instead of your ex, get it down on paper, he says he does not love her, how could any parent say that about their child, oh i hope he changes his feeling about her, i hope she does not know what he said about how he feels, it cold really hurt her, he will regret it in the future when it's too late, lets hope he has different feelings, also good for you for leaving him, if he was violent, then you did a good thing by getting away from him
2006-10-23 11:13:59 · answer #9 · answered by ketchanski 1 · 0⤊ 0⤋
if he is proven to be unsutable for parenthood in the courts, then the child will not be given to him. However, if you are on a "share time" plan, the child may go with him.
Im sure there are loopholes around everything, just talk it over with your lawyer. You would be suprised how easily our legal system can be manipulated.
god bless and good luck raising the child
2006-10-23 11:06:31 · answer #10 · answered by Anonymous · 0⤊ 0⤋