2007-12-17 22:48:39 · 13 answers · asked by Anonymous in Family & Relationships ➔ Marriage & Divorce
will it stand up in court? how long does process take? i live in ireland
2007-12-17 22:52:27 · update #1
In most states no. But it also depends on several other factors. Is he a good father? Does he hold down a decent job? You can go to a family lawyer in most states and only pay a consultation fee that ranges from $25 to $75 for the session. You may also be able to go to legal aid for help. My husband and I both have wills and if some thing should happen to both of us we have designated who should care for them. But you will have to check it out and make sure that who ever you choose to raise your children if you should die is willing to do so.
Happy Holidays
Kali :-)
2007-12-17 22:55:00 · answer #1 · answered by Kali_girl825 6 · 1⤊ 0⤋
Ooh this is a hard one. If there's evidence that the father is unable to look after the children or cant be located then yes, you'll need a lawyer to draw up a legal document for you and this selected carer to sign, otherwise you'd have to go court or get the father to sign over his parental rights, which most courts won't allow unless theres a very good rason. He may also still be made to pay child support.
2007-12-18 06:57:49 · answer #2 · answered by Anonymous · 2⤊ 0⤋
I'm not sure of your laws , but in most countries you can will your kids to who ever you like , doesnt mean it will be so , a judge will always choose a biological parent or grand-parent above and beyond any god-parent / aunt or uncle , unless you can prove the father is violent or a threat physically / mentally to your children with dr's certificates and statutory declarations from a law enforcement agency or child safety group .
He wont even have to take it to court he can just walk in take them and walk out.If he's a good father why would you risk upsetting your children ?. If he's a bad father then hop to it to get the proof NOW.
2007-12-18 07:35:03 · answer #3 · answered by JadeyOz 5 · 1⤊ 0⤋
Here, you can indicate in your will where and with whom you would like your children to live, but your will does not take place of the father's rights to his children.
The exceptions would be were the father has never been in the children's lives, voluntarily gave up his rights, the courts ordered that he wasn't to have any visitation, he's in prison, or the children were adopted by a subsequent spouse.
But check with a lawyer as to how the law applies where you are.
2007-12-18 07:26:18 · answer #4 · answered by Barb Outhere 7 · 1⤊ 0⤋
Well... no... you cannot "will" your children to anyone. You'd have to go to court and set "custody" of the children to someone else. But unless you can prove that their birth father is an "unfit father", the courts will NOT give custody of your children to someone other than their birth father.
2007-12-18 06:52:04 · answer #5 · answered by Racer 7 · 3⤊ 1⤋
I seriously doubt it unless the father is in some sort of trouble or can be proven to be a bad father.
2007-12-18 06:52:01 · answer #6 · answered by Juju 4 · 3⤊ 1⤋
You can will them to whomever you like but it won't be worth the paper it's printed on. Your wishes do not supersede custody and if you are gone custody will automatically be transferred to their biological father.
2007-12-18 08:49:29 · answer #7 · answered by aly_des 3 · 1⤊ 0⤋
depends if you have an agreed person in your will and if you have reason for them not to go to the father, you would need proper legal advise and need a will
2007-12-18 06:53:38 · answer #8 · answered by ? 2 · 2⤊ 0⤋
Not unless he has signed over all rights to the children.
2007-12-18 06:52:07 · answer #9 · answered by PEGGY S 7 · 1⤊ 1⤋
thats a tricky one! but my mum died and she managed to will half the family home to me because she didint want my dad to get it all! there are ways to get your family to be legal guardians but depends on their age's to! when i was 12 i was allowed to pick which parent i wanted to live with througth the courts
2007-12-18 06:55:27 · answer #10 · answered by Treasa 2 · 0⤊ 1⤋