I'm going through the process of being diagnosed with breast cancer, and I'm worried about what could happen with my son. My husband, his step-father, is really the only dad that he has ever known. He sees his father approximately once a month for a weekend visit, and his father pays $200 a month child support. Is there any way that legally, if I die, my husband can retain full custody, but still allow my son to visit his real dad? What if my son's dad fights this, will he be able to win?
2007-11-23 10:13:02 · 9 answers · asked by Amanda M 5 in Family & Relationships ➔ Marriage & Divorce
If I die, I don't want to completely destroy my family unit....I think if they stay together, it will be better for the both of them.
2007-11-23 10:16:50 · update #1
unfortunately no. by law the child goes to the biological parent unless they are proved so unfit they are stripped of all parental rights by the state.
if you die, your son's dad is next in line.
2007-11-23 11:24:48 · answer #1 · answered by Isabella S 4 · 0⤊ 0⤋
Yes, your son's bio father will be able to fight and win custody. The only way that your husband can retain custody is with a custody agreement signed by all parties and a judge. This will make it legally binding and no one can back out. The only other way for it to happen is for your husband to adopt your son but I do not see his bio father allowing that at this time. The 3 of you need to sit down and come to a rational agreement that is the right thing for all parties involved, especially your son. Remember it is his best interests that need to be served here. I'm sorry to hear that you have to go through all of this. I wish you the best and hope that you can get a full recovery. The fight will be a hard one so do the details of the paperwork while you still have the energy to spend time with it. Good Luck and may God be with you and help you through this.
2007-11-23 18:21:08 · answer #2 · answered by firemouse23 5 · 0⤊ 0⤋
First of all, think positive that you are going to beat this! Your mental outlook has a lot to do with fighting cancer. I once heard of a person who would take a shower and imagine the shower washing the cancer out of his body and it worked, probably only because he was so positive. Do search yourself about breast cancer so you can learn as much as possible about it, treatments and so on. I will give you one link for that here.
As far as the custody, his biological father would be able to file for full support if he wanted to but in a case like this the judge may listen to your son as to where he wants to live. You can see an attorney because they may be a possibility that your husband can adopt your son but his biological father may be able to fight that so consult with an attorney.
Think positive though that you will beat it. You will have my prayers to help as well!!
2007-11-23 18:36:19 · answer #3 · answered by Al B 7 · 0⤊ 0⤋
Legally, your husband (i.e. your son's stepfather) can always ask for custody. However, if your son's birth father *also* asks for custody . . . well, let's just say your husband would be in a tough spot.
More importantly -- breast cancer is not a death sentence! Stay positive, and fight the illness!!!
2007-11-23 18:19:39 · answer #4 · answered by Joseph 5 · 0⤊ 0⤋
Would his bio dad be a decent dad at all?
This should be a lesson for all girls who are having sex out of wed lock or making babies with a guy they really do not know.
He can get custody, the step dad would have to prove him unfit,unless the kid is like 15 or older and wants to stay with his step dad and they fight it.Talk tot he bio dad about this and ask if he would be willing to let your current husband adopt him if you drop the child support.
2007-11-23 18:19:42 · answer #5 · answered by Joe F 7 · 0⤊ 2⤋
Your sons natural father will gain custody,& deserves to,unless it can be proven that he's unfit or unable to give your child a proper home.He may choose to leave things as they are,himself...Or,you could have an adult conversation & ask him what he expects or wants to happen.My cousin passed away 2 years ago,at 44,& her husband wha had re-married took his sons,& things seem to be going well....LOL
2007-11-23 18:31:07 · answer #6 · answered by Anonymous · 0⤊ 0⤋
Easy answer - you can't. Legally his biological father has legal right to him in the event of your death. You might want to talk to the bio Dad - but in reality even if he agrees today he can change his mind tomorrow.
2007-11-23 18:16:50 · answer #7 · answered by Susie D 6 · 0⤊ 0⤋
Unfortunately your ex will be given custody should the worst happen.
2007-11-23 18:22:15 · answer #8 · answered by gill79 4 · 0⤊ 0⤋
wel...i don't realy know but i think he can but they might ask ur son so i think it's up to you son realy
2007-11-23 20:30:19 · answer #9 · answered by Anonymous · 0⤊ 0⤋