How can I be sure that my husband will legally be allowed to raise my son, if I pass?

Question

Although I am not ill, I feel the need to make it known that if I were to die, than I want my husband to raise all of our children, even my son from a previous relationship. Is this possible without him having to adopt him, and if so, how? My husband would do anything to adopt my son. He is the ONLY father that he has ever known,(since 5 mos. old). Unfortunatly, his bio. dad (sperm donar is more adequate!) will not hear of it! His bio. dad went to prison when I found out I was pregnant. He was released shortly after my sons first birthday. He was incarcerated again when my son was 2, and is currently still in prison,( release date 2009). When he gets out, my son will be eight yrs. old, and will have never met him. He hasnt ever even sent a card! Last year, he requested a paternity test from prison. Ofcourse he was proven the father. I fear that if I were to die, then my son would be snatched from his wonderful father, and be forced to live with his criminal "father". What can I do?

Answer 1

The only thing that you must do is to write within your will who should have the custody of the children. To successfully complete this, you will have to go back to court, and prove that the true "father" of your child should have no visitation rights.
After this, you simply write your will, or add to your will, a custody letter which entails what should happen if you, alone, should pass, or if you and your husband should pass together. This will pass the custody to another family member, or anyone you would like to raise your children if the both of you should pass.

I hope this helps, and good luck. You should speak to an attorney about the details on how to go about this, but this is the gist of what you would need to do.

Answer 2

"If" you die your son's father will probably be back in prison anyway, which case your husband would probably get custody. Usually the courts will do what is best for the child and if the child is 14 they will listen to his desires too.
Buy the way the "sperm donor" would not have been able to make a deposit if the door wasn't open. Now stop fretting about "what if's" and enjoy the remaining time you have while he is in prison, because after he gets out that is a whole other ball of wax.

Answer 3

You go to your lawyers office and have a "living will" and a regular will written up to state who your children will reside with in the event of your death. Do not think for one minute that just because a name is on the birth certificate, it gives them the right to raise the child if something happened to the custodial parent. Put it in writing and get it notorized. You don't need to give explanation on why you chose who you chose, just make sure you put your children with the person who will love them and take care of them the best. Good luck and GOD bless you.

Answer 4

he is going by some severe grief topics and that i applaud you attempting to do the right element by him. have you ever seen taking him to a boys ranch? those places exist for the out of control youngsters. He can end college there and they are in various of circumstances on "lockdown" 24/7. no human being leaves the premises, yet each and every baby grows up, learns respect , receives rehab and is surrounded by a reliable help crew. They go away almost as good effective adults. the everyone looks especially educated counselors that get youngsters who're drug addicts, sexually lively and out of control. the hardest element is letting your baby bypass. in case you do not do something drastic now, you could lose him for reliable. Google "Boys Rehab Ranch" or "youngster Challange" and the state you stay in. locate out as a lot information as you could. Get your boy help now previously he won't be able to be helped.

Answer 5

I doubt highly a court would take a child from a stable, loving environment and place them with a unfamililar person just because of paternity. Stranger things have happened so I would definitely consult with an attorney on this one.