My husband & I have a two year old daughter together. How do I insure she would not go to certain people if we were both to die before she turned 18? Can my husband over rule what I may have wanted if I were to die first?
2007-03-08 01:52:45 · 8 answers · asked by Anonymous in Pregnancy & Parenting ➔ Other - Pregnancy & Parenting
I understand we should make a will. I was just questioning whether he could go against my wishes in the will after I die.
2007-03-08 02:21:00 · update #1
Last question first--Yes, he can. If you were to die and your husband retained custody of your daughter, he would be free to parent as he saw fit, regardless of your wishes. If that meant giving custody to your Mother in Law, giving your child up for adoption, etc, he would be free to do so. Other family members or the state child welfare agency (if you are in the US) could step in and fight for custody of the child, but if noone was willing to enter a legal battle, then his will would override anything else.
HOWEVER--I would talk to my husband and an attorney, and have legal documents drawn up stating my wishes for my child. These documents would not guarantee that your wishes would be carried out, but they WOULD guarantee that the judge knew your wishes when making his/her decision.
Good luck!
2007-03-08 02:02:22 · answer #1 · answered by Christal 3 · 1⤊ 0⤋
First of all, you should sit down and talk with your husband. If you are married, then the BOTH of you have the right to say what happens to your child if you all both die before the daughter is 18. Now, if you are DIVORCED, then the person whom has sole custody over the child has the decision to make. Now, some other laws come in to play, when the child is 13 or older, they can have a choice to live with. Whether this applies to you or not, these are the basic facts. You should probably contact a lawyer and get the specifics on this subject. State laws are always different. But, writing a will and talking with a lawyer/husband about this will also help.
2007-03-08 02:06:36 · answer #2 · answered by Ashley_Nicole 3 · 0⤊ 0⤋
sweetie if a Attorney draws up the documents and they witnessed and legally filled in a court and you would list some one in there that you trust besides your husband to be the overseer (some one that would make sure that your wishes are being followed out,who would report to the proper authoritys when it was not) then they would really have no choice but to honor your wishes or face criminal punishment from the court.Now take in mind that this could also be that he could lose your daughter(so you might also want to think about naming another person who would get her in the event that would happen) but i really do not think your hubby would ever risk going against the court and loosing your daughter, hope this helps and best wishes
2007-03-08 02:44:05 · answer #3 · answered by Sunshine 5 · 0⤊ 0⤋
Write your will out stating what you want for your daughter. But since he is the father and something happened to you then i would think she would go to him no matter what was in the will but you would have to talk to a lawyer about this.
2007-03-08 01:59:13 · answer #4 · answered by ஐ♥Julian'sMommy♥ஐ 7 · 0⤊ 1⤋
You have to make the decision together and have your wishes in your will.
2007-03-08 02:13:57 · answer #5 · answered by KathyS 7 · 0⤊ 0⤋
set up a will.. it will specify ur wishes.. in both instances..
but if u go first and he remains alive he will have the final say.
2007-03-08 02:01:39 · answer #6 · answered by justincase119 2 · 0⤊ 1⤋
get a will made out and have it notarized, this is legal and binding you can put in there who is to get custody of your child.
2007-03-08 01:57:50 · answer #7 · answered by kissybertha 6 · 0⤊ 1⤋
I think writing a will would be a good idea.
2007-03-08 01:55:42 · answer #8 · answered by ? 6 · 1⤊ 1⤋