2007-01-01 23:36:22 · 24 answers · asked by sarah l 1 in Family & Relationships ➔ Family
This is an issue that is going on in my family at the moment. My uncle and aunt have split and she is saying that if anything happens to her she is giving custody to her eldest daughter. My uncle has been seeking advice. The outcome being that they have no right to do that. If the father is on the birth certificate and has had an active role in the child's life he will get custody. If he is on the birth certificate but has no role in the child's life he can appeal the will, but he has to prove he is able. And if he is not on the birth certificate he has to prove that he is the child's father and that he is a fit parent. I hope this will help. Good luck.
2007-01-03 22:24:24 · answer #1 · answered by clairewENSLEY 2 · 0⤊ 0⤋
I dont know about legal, but it seems a bit selfish I suppose (without knowing all the facts). If the fathers name is on the childs birth certificate, then I should imagine you would have every right to take the matter to court. Tho I should also imagine that there would be many factors on the reaons why custody of the child/ren hasnt gone to their natural father......maybe the father was never involved in the childs life, or maybe the father was in prison, could be many reasons.
I'd seek legal advice on this one, I really dont think you are going to get the answer you want from here.
Good luck :)
2007-01-02 15:47:39 · answer #2 · answered by sel2k00 2 · 0⤊ 1⤋
In the uk the law states that if a couple are not married and have a child together then should the mother die the father doesnt automatically take legal custody of the child.Even if it is his name on the birth certificate.
So therefore whoever she has stated in the will to take over custody of the child will become their legal guardian.
I heard this point raised on a radio station not so long ago.It also means that even if the couple marry after their child is born then by law the father would have to adopt his own child to become a legal guardian.
The laws in this country are pathetic.
2007-01-02 13:36:25 · answer #3 · answered by xchelsea1905x 2 · 0⤊ 1⤋
If the father has joint or partial custody, then that portion of the will is not valid as the parent who died doesn't have the full custody and therefore does not have the right to name a successor guardian.
However, I'd be really suprised that a lawyer would allow that in someone's will unless that person had full custody of the children.
2007-01-02 08:19:54 · answer #4 · answered by arewethereyet 7 · 1⤊ 0⤋
Not in most States. The custody always goes to the other parent unless they were found unfit at some point by a Court. From there it goes to the grandparents and descends through the family tree.
2007-01-02 08:06:57 · answer #5 · answered by Anonymous · 1⤊ 0⤋
You can contest this in a will although, a lot of this depends on who the child was living with at the time. If the deceased parent had custody, then yes, they can have the will hold up in court although, they would have to find the other parent unfit or else they would give them custody.
2007-01-02 07:43:34 · answer #6 · answered by Anonymous · 1⤊ 0⤋
A Last Will and Testament lets you decide how your assets and property will be distributed - not children. It does allow you to name a guardian for minor children, but generally only in the event that BOTH parents have passed away. Note: This will no doubt have to be handled in court - generally a biological claim will supersede an awarding of guardianship, but ultimately, the welfare of the child(ren) is of most importance. Existing court orders may also play a role, and the best course of action will ultimately depend upon in which country you live.
2007-01-02 07:51:11 · answer #7 · answered by Curious1usa 7 · 0⤊ 0⤋
Probably, though the biological father could contest the will. He may have to provide a DNA sample as proof, but unless he's deemed an unfit father he stands a good chance of getting custody.
2007-01-02 10:34:36 · answer #8 · answered by F 3 · 1⤊ 0⤋
a father who isnt married to the mother dosent automaticaly get parental responsibility, it would need to be applied for in court, it would probably be granted as long as there is no reason for it not to be. The only trouble is while it was going through the procedings the kids may need to be in care etc which is destressing for all.
2007-01-02 07:53:54 · answer #9 · answered by kate w 1 · 1⤊ 0⤋
LEGAL!
Usually if a legal guardian has been stated by the mother, if she isnt married to the father, he would have to take it to court to get custody, if its the father that died, i dont know!
2007-01-02 07:39:33 · answer #10 · answered by J9 3 · 0⤊ 1⤋