2006-12-20 20:55:41 · 21 answers · asked by afrprince77 2 in Family & Relationships ➔ Marriage & Divorce
If one parent dies and the other biological parent survives the surviving parent would have superior rights to any other person unless and until that parent is judged by a court to be unfit. If your mother-in-law chooses to start a battle over custody she could file for guardianship over your son and ask the court to step in and investigate where the child is better off. The courts generally are unwilling to sever parent-child ties unless there is a very good reason.
To avoid unnecessary complications in the future you should make sure that paternity has been established by whatever means is recognized in your state (birth certificate, voluntary acknowledgment...) You should also try and talk with your fiancee and see if you all can't come up with a better plan if, god forbid, something was to happen to her.
Good luck.
2006-12-20 21:35:18 · answer #1 · answered by CV 3 · 1⤊ 0⤋
You as the paternal parent has more rights to your son than your future mother in law. Unless you fail to be a parent expected by the courts, I do not see any reason why you should not have custody of your son in case of something happening to his mother. Once you are married, it only strengthens your case. I would not be too concerned about custody of your son. Just do what you are suppose to do as a father and you will be OK.
Good luck.
2006-12-21 04:59:58 · answer #2 · answered by r_a_i_n_m_a_n_5_9 3 · 1⤊ 0⤋
Biological parents have absolute rights over grandparents. Unless you can be proved unfit, you will keep your child. I would suggest apekaing with an attorney and getting joint custody of the child if you do not already.
Also, I would leave your fiancee if I were you, she obviously doesn't think highly enough of you to let you raise your own child.
2006-12-21 08:17:19 · answer #3 · answered by lookinforanswers 2 · 1⤊ 0⤋
If you are the child's father, and your name is on the birth certificate, then you have first say, unless you have been provin unfit in the past.
If your fiance has a will, or any other legal document that states who will have custody of the children if something happens to her then you might have a fight.
If you two are married, then automatically the rights go to you.
If you are not, you will have first say on whether you want custody or not.
2006-12-21 05:52:06 · answer #4 · answered by Anonymous · 1⤊ 0⤋
Hi, If your working,and can provide a good clean home,Love,food, diapers,medican,and it's own bed to sleep in! Your mother inlaw can't take the baby unless she can proove you to be an unfit father ! Meaning you are unable to provide for the baby ,and unable to care for it ! It's hard to do, but men can and have raised a baby on there own! The courts consider the baby's naturel parent's first ,before any other! And hopefully you dont have anything bad against you like asult, vilence,exc.Otherwize dont worry!
2006-12-21 05:28:34 · answer #5 · answered by lkayj4 3 · 1⤊ 0⤋
of course not! unless you agreed that your son shall be legally adopted by your in-law, and you still have to justify your reasons in court. Like there should be legal evidence that you are irresponsible or alcoholic, morally or financially incapable of bringing up your son, etc.
2006-12-21 05:02:36 · answer #6 · answered by Anonymous · 1⤊ 0⤋
Dont know what country you are in and what are the laws. But my guess is unless you are legally wedded and such a unfortunate eventuality arises you 'll have a tough fight ahead for custody.
2006-12-21 04:59:44 · answer #7 · answered by pakir poyum 3 · 0⤊ 0⤋
Nope unless ur not legally married i think. If ur legally married, the father shld keep the child....if ur not capable then maybe her mom can keep. But if she is saying that, does it mean she dun trust u at all? Think about that dude!
2006-12-21 04:59:06 · answer #8 · answered by DooGie 3 · 1⤊ 0⤋
why is she passing your son over like that? is there something that you are keeping back? your future mother in law has no custody unless there is solid proof that you are unfit to raise your son you all better get that sorted quick time.
2006-12-21 05:55:08 · answer #9 · answered by sugar 2 · 1⤊ 0⤋
That all depends. Is your name on the birth cert? Are you a stable and decent person? And why would she be worried about anything happening to her any way?
2006-12-21 04:59:22 · answer #10 · answered by Belinda 4 · 1⤊ 0⤋