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Funny how the future just hits us right in the face at the most unusual times! I have been doing a lot of thinking and planning ahead since I am newlywed for the first time, almost thirty and planning to attend graduate school. I want to make sure that my duaghter is taken care of in the event of my untimely death. This is where this gets sticky. She is with me not her Dad. I want to draw up some kind of paperwork but have no idea how to go about doing it - what would you do in this situation if you preferred your child to remain with your immediate family? My sister is capable of taking care of her financially and emotionally and has no children of her own, we have spoke of this before and agreed, but I am worried that in a court of law my ex would get her back. I won't go into great detail - he is irresponsible. What are my options so that I can rest assured that she would continue to be in a loving and nurturing environment? Thank you so much for taking time to advise me.

2007-03-22 09:52:24 · 7 answers · asked by Newlywed 1 in Family & Relationships Marriage & Divorce

7 answers

Actually, I am 33 and going through the same thing. My daughter's bio-father is a dead beat. But, if something should happen to me she would go to a person she doesn't know. So, my hubby and I have just filed step-parent adoption. I asked bio-father to sign rights over and he refused. We have to do it legally now. It's costly to. I know it's the best for my daughter to stay with my hubby who has raised her and my family. Good luck.

2007-03-22 10:50:58 · answer #1 · answered by lesmodee 2 · 0 0

Unfortunately unless the dad can be proven unfit in a court of law or unless he voluntarily agrees to sign a binding agreement, the child would go to him in the event of your untimely death.

2007-03-22 16:58:48 · answer #2 · answered by sunbun 6 · 0 0

I am not sure you would have that choice unless the dad is in agreement. You would have to prove him to be an "unfit" parent and that is costly! You would have to do this before something happens so that your family wouldn't have to fight him in court. You should talk to a lawyer first...

2007-03-22 16:57:32 · answer #3 · answered by Me 4 · 0 0

Yes it is isn't it...
This is a very tricky legal situation and the only information you ought to receive is that you need to seek legal council on your actions and get life insurance policies in your daughters name and legal guardian if that be the case. Good Luck.

2007-03-22 17:30:15 · answer #4 · answered by steinerrw 4 · 0 0

You talk to a lawyer who specializes in wills.

2007-03-22 17:46:34 · answer #5 · answered by Anonymous · 0 0

Talk to a lawyer...they can do everything and it will be all legal.

2007-03-22 16:56:29 · answer #6 · answered by ERICKSMAMA 5 · 0 0

sorry, but your ex will get your daughter. i'm in the same boat w/ my ex.

2007-03-22 17:17:31 · answer #7 · answered by Anonymous · 0 0

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