my husband has not yet adopted her, we are just waiting on the money.
we have been married for 2 years now and she calls him daddy and knows him as that.
If i was to die, would she legally be allowed to stay with him if the adoption is not through yet?
or would she go to my parents or what would happen?
thanks!
2007-09-01 09:14:34 · 5 answers · asked by 3 girls call me mommy 5 in Politics & Government ➔ Law & Ethics
Get a will done and designate your husband as the guardian of your child (person and property). If money is tight, you may be able to get a will done at your local legal aid office. While you are at it, get a durable power of attorney and a living will so your husband and parents will know your wishes should you become incapcitated.
Talk to your parents too and get them on board with the idea that you would like your husband to be the guardian of your daughter if something happens to you. If they agree and your will designates him as the guardian, it is likely he will be able to do so easily and without a legal battle.
2007-09-01 09:39:11 · answer #1 · answered by floridaladylaw 3 · 1⤊ 1⤋
The previous answerer is correct, she would go to her biological father if he is viable (not in prison or dead, for instance). If he is not available or was willing to give up custody, then she would go to her grandparents. The big question would be whether she would go to the maternal or paternal grandparents. Even if you were to give custody to your current husband in writing, the grandparents would still have a case. The courts would have to decide at that point what would be best for your daughter and who could best provide for her. Some of that would depend on her age at the time, also. If she can make her opinion heard, that often can make a difference in the judge's decision.
Regardless of all that, you should make very, very clear in your will, or living trust, or whatever, exactly what you, her mother, wants for her. If nothing else, that will provide some sway for your case. But I gotta tell you, biological wins over non-biological 99 times out of a hundred.
Good luck.
2007-09-01 09:41:15 · answer #2 · answered by hov1free 4 · 1⤊ 0⤋
Her biological father would have custody. If he is no longer alive or if he gives up his parental rights, your parents would be able to obtain custody-not your husband. That is unless you meet with a lawyer and draw up a living will. Depending on where you live, you can legally give the custody over to your husband in the event of your death. I hope this helps. The best thing to do is to seek legal council being that the laws will differ depending on where you are located.
2007-09-01 09:26:38 · answer #3 · answered by belizeable 4 · 3⤊ 0⤋
legally, she'd go to your folks but, if they know him and trust him, they can allow her to be with your husband, and he can finish adoption proceedings.as long as her bio father isn't in the picture that is.
2007-09-01 09:23:35 · answer #4 · answered by racer 51 7 · 0⤊ 1⤋
She would go to your parents , assuming they are still alive , if not you sister or brother . You need to put it in your will , that you want you child to live with someone else .
2007-09-01 09:24:10 · answer #5 · answered by Anonymous · 0⤊ 1⤋