If something were to happen to me, I would want my kids to go to my parents, not their fathers. Is that something I would have to go through a lawyer to do? Like a will?
The fathers dont have any kind of custody or visitation rights right now.
2006-11-22 06:39:47 · 17 answers · asked by AuroraBorealis 4 in Pregnancy & Parenting ➔ Parenting
Not having any visitation or custody rights does NOT mean that the father does not have parental rights.
I wanted to do the same thing. You have to go through not only a lawyer, but the family court as well. They have to agree to it before it can be accepted.
2006-11-22 09:36:23 · answer #1 · answered by arfiegel 2 · 0⤊ 0⤋
Write a Will... In most states a hand written, signed and notorized Will is perfectly legal...
In your Will there are specifics tht ned to be addressed, custody/guardianship, financial dispursement and real property (items) dispursment...
Once you have your Will written (do not sign at this point) make 3-4 copies.. Go to a Notary and sign each page of each copy infront of the Notary having them countersign veifying it is your signature on the pages... Check with your bank they often have a Notary service for thier customers...
Once you have all the copies signed seal each in an individual envelope and have the seal Notarized as well... Keep a copy for yourself, give a copy to your parents, give a copy to a 3rd party (someone with no interest in the Will, a friend or relative) and file a copy with your local courthouse.... All your bases are now covered..
YO\ou will also want to give your parents a written account of issues and problems so they can wage a custody battle with the childrens fathers should it come up... Have these pages Notarized as well, if you were to die or be incapacitated the Notarized pages can be introduced into evidence at a custody hearing where as Non-Notarized pages can not... When you write the pages write a different set for each father so only the information about and against him is in it... Hopefully a situation will never arise for the need of any of these pages but think of them as insurance should the need arise...
2006-11-22 07:30:46 · answer #2 · answered by Diane (PFLAG) 7 · 0⤊ 0⤋
yes you have to have a lawyer draw up a legal will if you want your wishes to be done after your death. I'm not sure if the father can still fight it or not, your lawyer could help you out in that area. but if he is currently not involved in the kids life i would have it done as soon as possible. and in the future if you decide to remarry or what ever you can always change your will. also name someone else as a second choice you would trust your kids with just in case for some reason your parents could not take the children at the time.(that's what my lawyer had me do)
2006-11-22 06:52:49 · answer #3 · answered by parrotsarenoisy 5 · 0⤊ 0⤋
Yes, In order for U to make it LEGAL, U would have to get a lawyer and make a WILL so that Ur wishes can be carried out the way U want after U die...
2006-11-22 07:14:38 · answer #4 · answered by Anonymous · 0⤊ 0⤋
Well, you can write it in your will.
You say the fathers have no custody but have they signed away their parental rights?
A lawyer once told me that children are not like property where you can write in your will who you want to have them.
I would discuss it with an attorney to do everything you can to be sure that your wishes are followed.
I wish you long life and good health!!
2006-11-22 06:45:29 · answer #5 · answered by seaelen 5 · 0⤊ 0⤋
Get in in WRITING! You need a WILL drafted, which will include guardianship, should you die. You can even have a 2nd choice should something happen to the grandparents...such as a Godparent or good friend. My husband and I just had our Wills done last year and we're in our 30's...but we were taking a trip without our children and wanted to be prepared, because you never know.
2006-11-22 06:44:00 · answer #6 · answered by Kimber 3 · 0⤊ 0⤋
Contact a lawyer and find out what your options are. Once the fathers relinquish their rights then you can give custody to whom ever you wish.
2006-11-22 06:43:09 · answer #7 · answered by Anonymous · 0⤊ 0⤋
Go to a lawyer and make a will. In some states you can write your own in your own handwriting and have it notarized and it is Legal. I know this is true in Texas
2006-11-22 07:07:10 · answer #8 · answered by Anonymous · 0⤊ 0⤋
You would need to go to a lwayer & create a living will.
But be aware that the rights of the fathers overturn anything you put in your will!
2006-11-22 06:41:40 · answer #9 · answered by Heather 3 · 1⤊ 0⤋
Yes, you need to have a will done and specify who should become the legal guardians of your children should something happen to you. If not, it will be up to the courts to determine guardianship.
2006-11-22 06:53:10 · answer #10 · answered by Tallulah 4 · 0⤊ 0⤋