he pretty much helps me raise him, and his father (sperm donner) has legal vistitaion but doesnt ever take him
2007-12-01 15:54:14 · 26 answers · asked by misskansas_25 2 in Family & Relationships ➔ Family
Yes you can. This person should be aware of this provision and in agreement with it.
2007-12-01 15:57:22 · answer #1 · answered by babydoll 7 · 3⤊ 3⤋
You can put it in your will (and include reasons why a relative is not chosen). However, a judge will make the final determination. See a lawyer.
Unless a lot of money is involved, or the father is an unfit parent, it doesn't really matter what you have in your will. If the father contests it, likely he will get custody of the child.
2007-12-02 00:04:53 · answer #2 · answered by CarbonDated 7 · 1⤊ 1⤋
As long as the father still retains his parental rights, the child will go to the father upon your death, regardless of what you put in your will. You can express your wishes in your will concerning your child, but he is not a piece of property that you can leave to whomever you wish. The first preference of the court will be for the child to be with his biological parent, unless the father chooses not to take custody of him.
2007-12-03 00:43:40 · answer #3 · answered by rlb1961 3 · 0⤊ 0⤋
In the US you can’t actually will a child, because a child isn’t property. You can state in your will who you would like to have custody, but the court is not required to abide by your wishes. In the event of your death, Dad is automatically first in line for custody (because he is the child’s parent), so IF he wants custody, he will receive it, regardless of what your wishes are/what your will states, UNLESS he’s proven to be unfit, and it takes *a lot* to prove that--the mere fact that he doesn’t exercise his visitation rights doesn’t mean he’s unfit. Now, it would be a different situation if Dad were deceased, but he’s not.
2007-12-02 00:27:11 · answer #4 · answered by kp 7 · 0⤊ 1⤋
Yeah you can put it in your will but his biological(sperm donor lol) father will be given a chance to battle it out in court with him. The only way he'll be given legal custody of your son, you'll have to allow him to adopt him while you're living and share custody with you.
2007-12-01 23:57:19 · answer #5 · answered by pooh_87_ash 3 · 0⤊ 1⤋
Check with a local probate attorney. Typically if there is another living parent whose rights have not been terminated, that parent will obtain primary custody upon your death. You may be able to draft a "Designation of Guardian For Minor Child" and incorporate that in your testamentary plan.
2007-12-01 23:58:08 · answer #6 · answered by DeFreeze 4 · 2⤊ 1⤋
you can send your child to anyone you please when you die all you need to do is make it leagle before your passing and hope it dosent happen till hes at least 18. you will need to call your local soical services and maybe family court. or you can do it alot more simplely and just have it on paper. and that persons name and a back up person. also if his father fights for him he dosent have a really good case sense he was a donar (i know ive been a judge for 2 years) and in some places your child has the choose of ware to live once he reaches the age of 12.
2007-12-02 00:23:00 · answer #7 · answered by Tina Get The Axe!™ 5 · 0⤊ 2⤋
Yes..If you have custody, I believe you can.
It may be best to have the papers written up by a lawyer..with the reasons you gave written into the brief..
The real Father if he is aware of what is going on in your son's life may try and go to court and get custody.
If he is not in your sons life at all..He may not want custody anyway.
2007-12-01 23:58:27 · answer #8 · answered by jalady 6 · 0⤊ 2⤋
His father would have legal rights to your child if something happens to you. He would have to sign off on his rights or agree in writing before you could make someone else the guardian.
2007-12-01 23:57:32 · answer #9 · answered by dizzkat 7 · 0⤊ 2⤋
well if he dont come around think on that...and what u can do is sign custody now a will will not place a child the court rules in faver of the best interest
2007-12-02 00:09:11 · answer #10 · answered by Psychologist In The House 6 · 0⤊ 1⤋
You can designate who should be your children's guardians if you were to die but not in your will. See a lawyer for the correct way to do it. And you will need that person's permission. You cannot just "assign" someone to be a guardian of your children and expect them to be overjoyed with the job.
2007-12-02 00:00:00 · answer #11 · answered by BC 6 · 1⤊ 1⤋