In my will I have said that I want my second husband to bring up my son aged 10 who is NOT his son. His real father, who he sees occasionally isnt capable of looking after himself never mind my son.
My son loves his stepfather and is happy with the idea.
My ex husband knows nothing of our wishes, how do we stand legally and could my ex-husband cause problems
2007-03-08 21:50:17 · 9 answers · asked by ? 7 in Family & Relationships ➔ Family
By the way, I have sole custody.
2007-03-08 21:53:15 · update #1
If you have sole custody then and you have stated that you would want your husband to have your son then that is how it will be. Your ex will still get his rights to his access but thats about it. I am about to remarry and I would want the same for my children, however the only difference is, my ex signed a statement when we got divorced to say that he never wants access to his sons again!! SELFISH SO & SO!!! So in this respect, it is much easier for me. Good on your partner!! To take on other peoples children is never easy and although they come as part of the package it isnt always a smooth ride.
Good luck to you all XX
2007-03-09 02:28:23 · answer #1 · answered by Jaksi 3 · 0⤊ 0⤋
the will can be contested since he has a biological father.If the biological father is willing to give up his rights as a parent then the step father can adopt him.That is the correct way to do things.Also if the biological father does not pay child support visit the child is into a life of crime or drugs or abuse,then a court could terminate his rights.
Even with sole custody you have to follow the legal way,so that it can not be contested.It sounds like your best bet is to go for adoption.
2007-03-09 05:56:19 · answer #2 · answered by Anonymous · 3⤊ 0⤋
if you are on good terms with your ex maybe he could sign something to this effect, however if the worst happened it would be looked at then through the courts, i would say that if your son wanted to live with step father and he could provide for him that is what will happen,and will maitain any relationship with his dad they would agree with you. it all depends on the likleyhood of the dad contesting it, my will is similar but i know that if i do die then its not a guarantee but my wishes have been stated and will be looked at seriously. This used to worry me somewhat but you have to put it into perspective in that its not likely to happen and now your son has reached an age where he can say what he wants and the courts will more than likely agree to his wishes.
2007-03-09 06:12:32 · answer #3 · answered by slsvenus 4 · 1⤊ 0⤋
With you having sole custody, you get to decide the future for your son. A will does hold up in court.
2007-03-09 07:26:20 · answer #4 · answered by Anonymous · 0⤊ 0⤋
if u re the only one who has custody over the child i don't think your ex could cause any problems. he already gave up his rights. but in any case maybe your current one would like to adopt your son legally? n that case u re covered from all sides. your ex wouldn't have any rights for the child at all
2007-03-09 06:10:18 · answer #5 · answered by jacky 6 · 0⤊ 0⤋
Your husband could adopt your son, who would then take his name. There is every chance of your wishes standing in court, and the court will interview your son, and take his wishes into consideration.
2007-03-09 16:44:39 · answer #6 · answered by Thia 6 · 0⤊ 0⤋
yes that can happen you have to put it in your will and you have to make sure your husband has all the proof that the boys real father is not fit to have the child
my sisters 2nd husband got custody of her children from her first marriage when they divorced
2007-03-09 06:00:28 · answer #7 · answered by debrasearch 6 · 2⤊ 0⤋
This is a tough one but I would say that as the child is old enough, a court would ask the child who he wanted to live with.
2007-03-09 06:00:32 · answer #8 · answered by Afi 7 · 1⤊ 0⤋
* i have no idea ask a lawyer *
2007-03-09 05:57:20 · answer #9 · answered by Anonymous · 1⤊ 3⤋