My sister asked last night if something happened to her and she died, what would happen to her baby? Does she need a will to designate the guardian (me) or if she didn't would the baby go to the state. FYI - the father's identity has never been established and is unknown at this time.
2007-06-28 03:56:11 · 3 answers · asked by J*Mo 6 in Politics & Government ➔ Law & Ethics
If the father shows up and makes a claim the ballgame changes; otherwise, talk to children's services in your county; they will know what the law is and who you need to talk with and if an atty is needed (probably)
2007-06-28 04:00:52 · answer #1 · answered by wizjp 7 · 0⤊ 0⤋
Your sister should write a will naming you as "guardian of the person" of her child. The courts will generally honor that appointment.
If the father's identity has never been established, I would have strong doubts that he would present himself and want custody of the child.
Even absent a will, the courts will generally try to place a child with a family member rather than put the child into the "foster care" system.
2007-06-28 11:11:48 · answer #2 · answered by Mark 7 · 0⤊ 0⤋
She must designate her wishes to make you legal guardian in her will as it would then be ordered in the probate of her will. Failure to have a legally valid Will indicating this could hold up your ability to be legal guardian without further legal proceedings requiring a lawyer to get a court order for you.
It's always best to use a lawyer because someone making their own Will who is unfamiliar with the law could make mistakes that invalidate it. Lawyers typically do not charge a lot for simple Will that would accomplish this.
2007-06-28 11:12:12 · answer #3 · answered by gallilea 2 · 0⤊ 0⤋