If you are separated from the father of your children, and you were never married, can you state in your will that you wish your children to go into the custody of the grandparents? Or does the father get automatic custody? Could he contest the will?
2006-11-25 23:11:51 · 10 answers · asked by lil_miss_sunshine17 1 in Politics & Government ➔ Law & Ethics
No formal rights have been set. He visits like once every couple of months, if that.
2006-11-25 23:24:55 · update #1
Does the father have any custody rights to the children now? If so, he'll get custody. If not, you are free to choose who will care for your children after you pass away.
2006-11-25 23:15:14 · answer #1 · answered by Anonymous · 0⤊ 0⤋
Here in Aus if you elect a guardian for your children in your will that may be considered as a solution of the father of the children does not want full time care, however if he elects to have full time care then hell and high water cant stop him from caring for his own children and nor should it. Dads are just as important to kids as mums. All details of all wills can be contested by interested parties. A judge would consider many issues in a contestation of the will and although your wishes will be taken into account so will the fact that you are dead.
Oh and here in Australia if you nominated him as the father of your children on their birth certificates then he does not need to go through dna or any of that other rubbish. The court will accept their birth certificates as proof of who their father is.
2006-11-28 14:34:44 · answer #2 · answered by wollemi_pine_writer 6 · 0⤊ 0⤋
The way i have heard it is that upon your death the kids would automatically go to their father. However if you stipulate something to the contrary in your will and give a very good reason for why you have done this and whom you have chosen then the executor of your will would stand a better chance at making sure your wishes are respected.
However upon say this, the law varies between states in Australia so it would be best to also seek legal advice. You could try a free telephone legal service such as Legal Aid or a free Women's Legal Service.
2006-11-26 08:59:35 · answer #3 · answered by kellz_car 3 · 0⤊ 0⤋
Father
2006-11-26 07:17:38 · answer #4 · answered by Anonymous · 0⤊ 0⤋
Are you in America? What state? Different states may have different laws. You can certainly name your parents guardians of your children in your will if you want to. And their father can contest that. The real question is would he? (does he really want all the responsibility??) and would he win? (would he look like a better parent than your parents to a judge?) If he is not much in their lives and is not paying much support (assuming he has a job or something) this is not good for his case. I would get with a good lawyer if I were you.
2006-11-26 07:55:57 · answer #5 · answered by Anonymous · 0⤊ 0⤋
yes, at this point you can choose who should receive guardianship of your children if something should happen to you. You former boyfriend that fathered these children could contest the will though. Just hope and pray that you will live a long healthy life and these children will reach 18 before you will ever have to think of this.
You former boyfriend would have to prove paternity. DNA testing of himself and the children----The courts would decide what is in the best interests of the children.
Please seek legal counsel before you set forth on a venture that you know nothing about!
2006-11-26 07:47:29 · answer #6 · answered by aunt_beeaa 5 · 0⤊ 0⤋
You can’t will your children. Should you die, Dad is automatically first in line for custody (and I'm just assuming that paternity has been established in some manner). You can state in your will that you would like for custody to be awarded to your parents, but Dad can contest it and unless he’s proven be unfit in some manner he will likely prevail, because as their parent he has a right to custody.
Talk to a local attorney.
2006-11-26 14:45:19 · answer #7 · answered by kp 7 · 0⤊ 0⤋
Law regarding custody and wills vary by state. You need to contact a local attorney rather than rely on the answers you receive in this forum.
2006-11-26 09:07:32 · answer #8 · answered by Carl 7 · 0⤊ 0⤋
Yes, you can stipulate that in your will. The father does not get automatic custody. The father can contest the will. It does not mean he will prevail.
2006-11-26 07:23:51 · answer #9 · answered by regerugged 7 · 0⤊ 1⤋
consult your lawyer about it...
2006-11-26 07:16:19 · answer #10 · answered by phoenix 1 · 0⤊ 0⤋