I am 33 years old and have a 6 year old sister and a 7 year old brother. My father has sole custody of the two smaller children, and has been told this week that he has a very aggressive growing cancer. The mother of the children has been court ordered to go through AA, parenting classes and drug rehab (4 years ago) and has not done anything. She does not support or see the children. Do I have to hire a lawyer and fight her if my father dies before I get anything done, or can you leave a will and leave the children to me? Does anyone know the answers?
2007-03-03 06:32:40 · 5 answers · asked by Anonymous in Family & Relationships ➔ Family
It is possible however it will be long and drawn out in court. My suggestion, get a good family lawyer prior to your fathers death. It should also be known his wishes in his will.
2007-03-03 06:39:46 · answer #1 · answered by just here 2 · 0⤊ 0⤋
Even if he leaves it in his will for you to get custody a judge will still decide (He should still make a will and do that), so I suggest if you really want these children to hire a good attorney just to be sure. He can have a case prepared showing you are the best choice by the time your father dies.
Sorry about your dad.
2007-03-03 15:28:11 · answer #2 · answered by Dovahkiin 7 · 0⤊ 0⤋
Your dad would need to draw up a will determing his wishes as to who he wants your siblings to go to. A judge can use that to determine placement. It will help you if you want the siblings that their mom hasnt followed court ordered treatment or paid any support.
The best place for advice is for you both to consult an atty in your state or area who specilaizes in family law. They can give ya the ins and outs of you area and what to do to be sure the kids are well cared for.
2007-03-03 14:40:22 · answer #3 · answered by chellyk 5 · 0⤊ 0⤋
he cannot will them like they are property... he would need to spell out in the will that he names you as their legal guardian in the case of his death and have him list out why he named you instead of the mother- she could still fight for custody though and depending on the state, sometimes they think a biological parent is better... even if they are messed up - see if he would assign you legal guardian rights now, while he is still alive, you need it in case you need to take a child to the hospital anyway... the statement about talking to a lawyer now is a good one.
2007-03-03 14:51:57 · answer #4 · answered by unimatrix_42 3 · 0⤊ 0⤋
i think if he left a will that states that the custody of the two children goes to you i think it's legally binding. i think u need to consult a lawyer if it would really hold up, because if it don't and you don't go to court then the children are hers.
2007-03-03 14:42:55 · answer #5 · answered by the_black_alchemist 2 · 0⤊ 0⤋