I have a friend who is worried that if she dies, her parents will get custody of the baby instead of the father. How does she go about making sure he gets the child instead. There is no emancipation laws in Iowa and that is something she also wants and needs.
2007-02-23 17:14:08 · 8 answers · asked by Robin W 1 in Pregnancy & Parenting ➔ Pregnancy
First off, she's a minor and she has a child and she's worried about dying? What is going on?
If the father is supporting the child and he is listed on the birth certificate he will get custody before the grandparents unless of course the father cannot support the child and give it the required items the baby needs.
Talk with a free lawyer and get some real advice and make sure before proceeding...raise the kiddo and forget the dying thing, God will make sure the child goes to the right people.
2007-02-23 17:25:23 · answer #1 · answered by teddybearloverus 4 · 0⤊ 0⤋
I was once in that situation too. There is also no emancipation law in Idaho. If the father is on the birth certificate then he will have a very good chance. what she can do is make a living will. those can be spendy so the next best thing would be to make a well written paper stating her wishes if she dies or no longer is able to care for her child for other reasons. then she can get the paper notarized many places do that free or for a very low cost. she needs to keep it in a safe place and make copies and give it to someone she can trust. It is important that the people in her life know what she wants. she can verbally tell people that way if anything happens and they go to court they can testify. Every state has a legal aid service that will give people free advice and can help with paper work. they could probably notarize a letter. just look up legal aid in a local phone book or online.
2007-02-23 17:28:08 · answer #2 · answered by wsperingwasp 2 · 0⤊ 0⤋
You'll have to take the emancipation laws up with the state of Iowa. If she dies the baby will more than likely go to her parents because she is a minor and they are responsible for her and therefore responsible for the baby. Obviously she is not married to the baby's father, which tells me he too is a minor so there is no way the state is going to hand over an infant to a minor after the death of the infant's mother...This is why it is important that CHILDREN don't start having sex before they are mature enough to do so. It is called being responsible...
2007-02-23 19:12:26 · answer #3 · answered by Anonymous · 0⤊ 0⤋
I think legally the father gets the baby as he is the other legal guardian of the child, as long as he is listed on the birth certificate and can support the child it goes to him. If he cannot support it or is proven an unfit parent then both her parents and his parents have an equal chance for the baby unless the baby and mother live with the mothers parents as they have better chances as the child knows them better. Either way, contact a lawyer and see what the exact laws state. Seeing as the he is the father he should get custody.
2007-02-23 17:19:08 · answer #4 · answered by tylw85 4 · 0⤊ 0⤋
Not sure if this website will help or not.. but I am sure she can contact a lawyer and make out a will and have the child placed with the father.
2007-02-23 17:30:35 · answer #5 · answered by Anonymous · 0⤊ 0⤋
is it a baby or a child how old? well she can write it in her will?
but my mom passed away when i was 14 and i got to choose who i wanted to live with =) thank god. she should deffintly maybe talk to a lawyer or something. i know my mom made it clear to everyone who i was to live with before she died so everyone already knew...good luck hope all goes well
2007-02-23 17:21:34 · answer #6 · answered by ii love him xo 4 · 0⤊ 0⤋
she can make out a will. Tell her to call a lawyer for a free consult
2007-02-23 18:29:49 · answer #7 · answered by Anonymous · 0⤊ 0⤋
make a will .. how old is she
2007-02-24 08:10:47 · answer #8 · answered by Anonymous · 0⤊ 0⤋